Legislation Protecting Good Samaritans Signed Into Law
California Political Desk
August 07, 2009
SACRAMENTO – Senator John J. Benoit (R-Bermuda Dunes) announced that Governor Arnold Schwarzenegger has signed into law Senate Bill 39 (Good Samaritan Protection Act), which will take effect immediately. SB 39, Benoit´s first law as a State Senator, clarifies the Legislature´s 1980 Good Samaritan Law to provide legal immunity to emergency service volunteer workers who perform disaster services during a state of emergency.
"Good Samaritans should never again have to second-guess the consequences of helping," said Senator Benoit. "Thankfully, the chilling effect that last December´s court ruling had on people willing to help in times of emergency has been drastically diminished because of this law´s immediate implementation."
Last December, a 4-3 ruling by the California Supreme Court uncovered significant shortfalls in legal protections for Good Samaritans. A civil suit was filed in the aftermath of a 2004 Chatsworth traffic crash, in which a Good Samaritan, fearing that a crashed car would explode, pulled her coworker out of the vehicle. The co-worker filed the suit, claiming that her rescuer pulled her "like a rag doll," causing her paralysis. The Court decided that State law, written in 1980, only shielded Good Samaritans from liability incurred in giving medical care in an emergency.
As soon as he heard the decision, Senator Benoit teamed up with the Chair of the Assembly Judiciary Committee, Assemblyman Mike Feuer (D-Los Angeles), to author two bipartisan, bicameral bills to restore legal protections for Good Samaritans. The two legislators fused their legal and law enforcement backgrounds to craft balanced, comprehensive legislation to make the technical fix to the court decision.
Benoit´s bill, SB 39, was introduced with the support of Rancho Mirage physician Max Weil, "The Father Of Critical Care Medicine." SB 39 provides legal immunity to emergency service workers who perform disaster services during a state of emergency. Many communities enlist the help of disaster service volunteer workers for emergency operations, such as fires, flash floods, and earthquakes that occur in and around our region.
"This is an important correction of an anomaly in the earlier California law," commented Dr. Weil. "Society depends on individuals willing to take care of each other as our brothers´ and sister´s keepers without any fear of liability."
The Governor also signed Feuer´s legislation, AB 83, which immunizes Good Samaritans from liability when they assist others at the scene of an emergency – regardless of whether the care provided is of a medical or non-medical nature– unless the person providing assistance acts in a reckless or grossly negligent manner.
"The job of disaster service workers is to save lives during emergencies," said Assemblyman Feuer. "They should not hesitate to perform their duties responsibly for fear of a lawsuit. I am proud to have joined with Senator Benoit in ensuring that disaster workers can focus on protecting people."
As with AB 83, SB 39 received unanimous votes in both houses of the Legislature. The bipartisan measure was sponsored by a wide coalition of supporters, including the National Ski Patrol, Civil Justice Association of California, League of California Cities, California Emergency Nurses Association, and California Citizens Against Lawsuit Abuse.
"Good Samaritans should never again have to second-guess the consequences of helping," said Senator Benoit. "Thankfully, the chilling effect that last December´s court ruling had on people willing to help in times of emergency has been drastically diminished because of this law´s immediate implementation."
Last December, a 4-3 ruling by the California Supreme Court uncovered significant shortfalls in legal protections for Good Samaritans. A civil suit was filed in the aftermath of a 2004 Chatsworth traffic crash, in which a Good Samaritan, fearing that a crashed car would explode, pulled her coworker out of the vehicle. The co-worker filed the suit, claiming that her rescuer pulled her "like a rag doll," causing her paralysis. The Court decided that State law, written in 1980, only shielded Good Samaritans from liability incurred in giving medical care in an emergency.
As soon as he heard the decision, Senator Benoit teamed up with the Chair of the Assembly Judiciary Committee, Assemblyman Mike Feuer (D-Los Angeles), to author two bipartisan, bicameral bills to restore legal protections for Good Samaritans. The two legislators fused their legal and law enforcement backgrounds to craft balanced, comprehensive legislation to make the technical fix to the court decision.
Benoit´s bill, SB 39, was introduced with the support of Rancho Mirage physician Max Weil, "The Father Of Critical Care Medicine." SB 39 provides legal immunity to emergency service workers who perform disaster services during a state of emergency. Many communities enlist the help of disaster service volunteer workers for emergency operations, such as fires, flash floods, and earthquakes that occur in and around our region.
"This is an important correction of an anomaly in the earlier California law," commented Dr. Weil. "Society depends on individuals willing to take care of each other as our brothers´ and sister´s keepers without any fear of liability."
The Governor also signed Feuer´s legislation, AB 83, which immunizes Good Samaritans from liability when they assist others at the scene of an emergency – regardless of whether the care provided is of a medical or non-medical nature– unless the person providing assistance acts in a reckless or grossly negligent manner.
"The job of disaster service workers is to save lives during emergencies," said Assemblyman Feuer. "They should not hesitate to perform their duties responsibly for fear of a lawsuit. I am proud to have joined with Senator Benoit in ensuring that disaster workers can focus on protecting people."
As with AB 83, SB 39 received unanimous votes in both houses of the Legislature. The bipartisan measure was sponsored by a wide coalition of supporters, including the National Ski Patrol, Civil Justice Association of California, League of California Cities, California Emergency Nurses Association, and California Citizens Against Lawsuit Abuse.
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