Good Samaritan Law

          A December 18, 2008, three-to-two split decision by the California Supreme Court has eroded some of the protections that citizens generally have when they act as Good Samaritans, coming to the aid of someone in need. The court ruled last month that the California state law shields people from liability only if they are administering emergency medical care. The justices ruled that a woman who was tragically injured in a car accident can sue her co-worker for negligence. The case stems from a 2004 car crash. Co-workers were driving home from an evening out in two cars following each other. The accident occurred when the first car apparently lost control, skidded off the road and hit a tree while traveling about forty miles per hour. A co-worker in the second car ran to the wreck and pulled the woman out of the car. fearing that the crashed vehicle could catch fire or explode. The unfortunate victim in the car wreck is now a paraplegic, allegedly due to her co-worker’s assistance in trying to save the victim’s life.

          This is exactly the type of Good Samaritan help which is generally thought to be protected. Here in New Hampshire we have a number of immunity statutes, with the one on point being RSA 508:12, which protects any person who in good faith renders emergency care to a victim in need in an emergency situation in the absence of willful or wanton negligence, so long as the person is not receiving compensation for that care directly by or on behalf of that person. While I have long believed that the New Hampshire statute protected persons beyond simply those providing medical care, such as the co-worker above, in light of the California court’s decision our legislature probably needs to revisit the language in our statute to ensure that the shield is appropriately in place. This is because the language used in New Hampshire is substantively identical in this regard as that used in California.

          By the way, a new bill has already been introduced in California that, if passed, will amend the law and shield Good Samaritans from liability for providing any form of emergency care, not just medical care.

Timothy G. Kerrigan is a director at Hamblett & Kerrigan, P.A. His present practice focuses on complex legal situations both in the litigation and in the ADR context. He is available as a litigator, client advocate or as an ADR neutral. Mr. Kerrigan is certified by the State Office of Mediation and Arbitration both as a mediator and as an arbitrator. You can reach Attorney Kerrigan by e-mail at tkerrigan@nashualaw.com.

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