| Auto Accident and Personal Injury Good Samaritans in | | | | and if you cause injury to another human just to save |
| California now face the possibility of being served with | | | | the life of an animal, you take the fall. |
| lawsuits by Palm Springs car accident attorneys, being | | | | 6. If you help someone out of a burning airplane, push |
| sued by Orange County auto accident lawyers and | | | | them out the door into the chute and they take a |
| being named as defendants by San Diego motorcycle | | | | header onto the tarmac, guess what? Some lawyer |
| accident lawyers in cases from Newport Beach to | | | | may slap you with a lawsuit. |
| Palm Desert and throughout CA as Palm Desert | | | | 7. If you see someone choking on a piece of meat in a |
| personal injury attorney Sebastian Gibson discusses in | | | | restaurant and rush to perform the Heimlich maneuver, |
| this article. | | | | don’t bruise their ribs getting the person to |
| Once upon a time, we may tell our children, people | | | | cough up that piece of food. Otherwise, you guessed |
| used to do good deeds for each other. If we saw a | | | | it. An attorney’s lawsuit may be served on you |
| car accident and someone needed our help, we would | | | | with your next meal. |
| stop, and render assistance to an injured person | | | | 8. Then there are those unfortunate EMS helicopter |
| without a thought of whether or not we could be sued | | | | pilots. There has been a rash nationwide of EMS |
| for causing them an injury. Well, as a result of a recent | | | | helicopters crashing as they transport accident victims |
| California Supreme Court decision that deals with auto | | | | from the scenes of their auto accidents to nearby |
| accident and personal injury liability of Good | | | | hospitals. Since the pilot is not rendering medical |
| Samaritans, good deeds may soon be a thing of the | | | | treatment, it’s likely that they can be sued and |
| past, just like the vanishing polar bears, the | | | | can be found at fault if a judge or jury finds them |
| disappearing rain forest and the American car industry. | | | | responsible for some negligence in their piloting of their |
| Never before has it been more true in California that | | | | helicopter. |
| no good deed goes unpunished. California Auto | | | | 9. Is it safe to open the door for someone? Not if you |
| Accident Good Samaritans beware - save a life, help | | | | open the door into their face and cause them an injury. |
| a car accident victim or a person in any other type of | | | | People can still be kind to each other. They just have |
| car or motorcycle or truck accident and if you | | | | to be more careful now. |
| accidentally cause a personal injury or some additional | | | | 10. And finally, when you help another person put on a |
| harm to the person, now you too can be sued by a | | | | coat or pull out a chair for someone to sit down, those |
| lawyer on behalf of the victim you tried to help | | | | days of playing pranks on friends by hiding the coat |
| anywhere in California. | | | | sleeve or pulling the chair out a little too far are gone. |
| If you would like to know more about this subject or | | | | They never really were Good Samaritan deeds, but |
| need our assistance with a personal injury or wrongful | | | | now they absolutely and positively are not. |
| death matter anywhere in Southern California, call the | | | | Can a person be sued for not coming to |
| Law Offices of R. Sebastian Gibson at any of the | | | | another’s aid? Apparently not, according to the |
| numbers on our website at and learn how we can | | | | California Supreme Court decision. But a person who |
| assist you. | | | | does come to the aid of another has a "duty to |
| The new ruling comes by way of the highest court in | | | | exercise due care." |
| California, the California Supreme Court, which means | | | | If you do pull someone from a burning car, here are |
| that the only way this interpretation of the law can be | | | | some facetious do’s and don’ts: |
| changed is by a subsequent ruling by the same court, | | | | 1) First, do not yank the car accident victim’s |
| which is unlikely, or by the State Legislature, which, | | | | arm out of their socket when pulling someone from a |
| even though it has its share of lawyers, right now | | | | burning car. Instead, first put on gloves, put on a fire |
| can’t even agree on a budget. | | | | retardant suit, and then with the flames licking at your |
| The Court’s 4-3 ruling on December 18, 2008 | | | | suit, gently apply a neck brace, back brace, full body |
| comes as a result of an auto accident that occurred | | | | brace and with full medical precautions, gently lift the |
| on Halloween night in 2004. A women was a | | | | person from the burning wreckage. In the event, you |
| passenger in a car that ran into a light pole at 45 mph. | | | | see gas seeping from the gas tank and flames getting |
| Her friend, who was in the car behind her, pulled the | | | | closer to the gas, move faster. |
| first woman by her arm from the wreckage in the | | | | 2) Once you remove the auto accident victim from the |
| belief that the car was about to explode and then | | | | burning car, do not drop them on the sidewalk. Instead, |
| allegedly dropped her. Unfortunately, the | | | | gently place them on a warm blanket (not the wet |
| woman’s injuries left her a paraplegic and she | | | | grass where they might catch a cold). |
| sued her friend who pulled her out of the non-exploding | | | | 3) Immediately, if not sooner, start applying bandages |
| car in the belief that the Good Samaritan’s | | | | to every part of their body, thus qualifying your actions |
| rescue efforts caused her paralysis. | | | | as emergency medical care. If you can do this while |
| The Supreme Court was forced to interpret the | | | | gently lifting them from the burning car, even better. |
| California Good Samaritan law which is in the section | | | | 4) Request bystanders to take pictures with their cell |
| of the state code dealing with emergency medical | | | | phones of you applying bandages to the personal |
| care and which states, "No person who in good faith, | | | | injury victim and acting like a doctor, even if you |
| and not for compensation, renders emergency care at | | | | don’t have a medical license. If by chance you |
| the scene of an emergency shall be liable for any civil | | | | are not a doctor or paramedic, quickly go online, take a |
| damages resulting from any act or omission." | | | | crash medical course to become a paramedic, and be |
| Interpreting that law, the California Supreme Court held | | | | sure you pass the test. Then print out your license for |
| that the state’s Good Samaritan law only | | | | all to see. |
| protects you from being sued if you render medical | | | | 5) Call only the finest medical personnel in the state to |
| care at the scene of an emergency. If on the other | | | | the scene of the accident in case your 911 call results |
| hand you are just rendering aid or help in a non-medical | | | | in medical malpractice being performed by a newly |
| way, such as pulling someone out of a burning car, you | | | | licensed paramedic and your call is determined not to |
| can now be sued. That doesn’t mean you will | | | | be an act of administering medical care in an |
| be found liable. That’s for a judge or jury to | | | | emergency. Obviously, you will want to get onto the |
| decide. But the fact that you can be sued, means that | | | | internet with your phone or computer and research the |
| without insurance to protect you, you will undoubtedly | | | | local medical professionals. If you can’t get onto |
| need an attorney or lawyer to represent you, you will | | | | the internet to research who would be the best |
| need to pay that lawyer his or her attorney’s | | | | emergency personnel to call to the scene, make the |
| fees and costs to defend you, which in a typical | | | | 911 call anonymously. |
| personal injury case can cost tens of thousands of | | | | 6) If the car that you thought was going to explode |
| dollars. | | | | just doesn’t seem to want to explode, and you |
| Worse yet, if by chance your actions as a Good | | | | were a little rough in pulling the auto accident victim |
| Samaritan cause significant injury and a judge or jury | | | | from their car, you may want to call a tow truck driver |
| of your peers decides that you really botched it when | | | | to push the car further away as this may prevent |
| you took the actions that you took, perhaps in a | | | | other injuries and help your situation. Just be sure to |
| mistaken belief that you were doing a good deed, a | | | | first ensure that any resulting explosion doesn’t |
| court of law could find you responsible for hundreds of | | | | hurt any bystanders or the victim you yanked from the |
| thousands of dollars or millions of dollars if the resulting | | | | car. |
| injuries are severe. | | | | 7) Keep administering medical care to the vehicle |
| Whether or not any of these situations were covered | | | | accident victim until medical personnel arrive. Since |
| by the Good Samaritan Law in California to begin with, | | | | you’ve administered medical care, even if you |
| it is possible that these situations could also now put | | | | are not a doctor, the car or truck or motorcycle |
| you into hot water and into court as a possible | | | | accident victim is potentially now your patient, and |
| defendant in a personal injury lawsuit: | | | | there are rules about abandoning patients. |
| 1. Donations of bad food - Have you ever given old | | | | 8) In the event the auto or motorcycle accident victim |
| canned food to a food drive and failed to look at the | | | | you’ve saved is delirious, you may also want to |
| dates on the cans? What if the food in those cans | | | | provide psychiatric counseling to them, which could |
| were beyond the expiration date and causes food | | | | conceivably also be considered medical treatment. |
| poisoning? You might be held responsible in such a | | | | 9) If weather conditions are bad or it is nighttime, and |
| case, Good Samaritan Law, notwithstanding. Beer that | | | | an EMS helicopter arrives at the scene instead of an |
| is past it’s expiration date probably won’t | | | | ambulance, in view of the rash of EMS helicopter |
| be a problem for you but if someone serves it to a | | | | accidents in the U.S. you may want to suggest to the |
| minor who drinks it and gets into a car accident, the | | | | accident victim that he or she walks to the hospital as |
| server may face a lawsuit. | | | | it may be safer. However, keep applying bandages |
| 2. Donations of organs - Say you are still alive and | | | | throughout the walk and again, do not abandon your |
| donate an organ that fails after it is given to a sick | | | | patient. |
| patient or you give an organ upon your death that | | | | 10) Proceed only to the hospital in your area with the |
| does no more good to the person it is given to than it | | | | best mortality rate. After walking ten or fifteen miles |
| did for you? Sounds like the deed of a Good | | | | after a horrific car accident, because you stupidly |
| Samaritan. And if you drank too much wine while you | | | | declined medical treatment at the scene, you do not |
| were alive and your shot liver is given to someone | | | | want to walk your patient into a hospital with a high |
| else upon your death, your estate may regret all that | | | | medical malpractice rate or one with a higher fatality |
| wine you drank while you were alive if the liver | | | | rate for car accident victims than ninety percent of the |
| recipient doesn’t do well with your alcohol | | | | other hospitals in the state. |
| soaked liver. Still, we hope this is not the case. | | | | The California Supreme Court decision is rewriting the |
| 3. Jumping into a swimming pool to save a drowning | | | | rules of liability in auto and car accidents, in motorcycle |
| person - If, in pulling that person to the side or lifting | | | | and truck crashes and in personal injury situations in |
| them out of the pool you cause them injury, you can | | | | general in the golden state and may make people think |
| clearly be sued under this new ruling. And, if you | | | | twice before acting as a Good Samaritan. |
| proceed to give the person artificial respiration, but | | | | If you’ve had a personal injury accident in San |
| botch that as well, or if you botch it so badly, a jury or | | | | Diego, Orange County, Palm Springs, Rancho |
| judge decides that you weren’t even rendering | | | | Cucamonga, Santa Barbara, Yorba Linda, Tustin, Lake |
| medical emergency treatment, a vindictive jury may | | | | Forest, Fountain Valley, Rancho Santa Margarita, |
| hold you responsible for causing the swimmer’s | | | | Newport Beach, Anaheim, Irvine, Huntington Beach, |
| death or additional injuries, such as brain damage. | | | | Corona del Mar, Laguna Beach, Santa Ana, Orange, |
| 4. What if you’ve been watching too many | | | | Fullerton, Costa Mesa, or anywhere in Southern |
| movies and you knock a person down or jump onto | | | | California, we have the knowledge and resources to |
| them to protect them from being shot by a bank | | | | be your California Personal Injury Lawyer and your |
| robber running away and in so doing break their neck? | | | | Southern CA Personal Injury Attorney. Be sure to hire |
| Guess what? You may have just won yourself | | | | a California law firm with auto, motorcycle, truck, |
| another lawsuit. | | | | bicycle, pedestrian, car, bus, train, boat and airplane |
| 5. And if you swerve to avoid hitting a dog and hit | | | | accident experience, wrongful death experience and |
| another car instead? I hate to tell you, but in this | | | | insurance law expertise who can ensure you are |
| situation, courts and insurance companies will almost | | | | properly represented and get the compensation you |
| always find you to be at fault, in the belief that a | | | | deserve. |
| dog’s life has little value (this is not my opinion) | | | | |