California Court Ruling Limits Liability Protection
Monday December 8, 2008
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The court ruled that Northridge resident Lisa Torti, who pulled her co-worker Alexandra Van Horn from a wrecked car and allegedly caused her to become paralyzed, isn't immune from civil liability because the care Torti provided wasn't medical, the Los Angeles Times reported.
The divided 4-3 court decision appears to be the first to imply that someone who intervenes in an accident in good faith can be sued and that rescue efforts are the responsibility of trained professionals, according to the Times.
The Health and Safety Code says “no person who in good faith, and not for compensation, renders emergency care at the scene of an emergency shall be liable for any civil damages resulting from any act or omission.” Although the passage does not use the word “medical,” the passage appears in a section that addresses emergency medical services, and lawmakers intended for it to protect only those who provide emergency medical care, Justice Carlos R. Moreno wrote for the majority.
However, the dissenters disagreed with this interpretation, saying the legislation was created to “encourage persons not to pass by those in need of emergency help, but to show compassion and render the necessary aid.”
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