Good Samaritan Law Explained by a Los Angeles Personal Injury Attorney

By Prev Info - October 17, 2022

 A Los Angeles personal injury attorney can be hired to represent either a plaintiff or a defendant and in many cases the claim is fairly straight forward. However, there are certain circumstances involving accident claims in which the law isn't so "black and white". In fact, in some cases it can be a little cloudy and confusing to say the least. Such an instance is when lawyers get hired to represent cases involving the "Good Samaritan" law.

So what is the Good Samaritan law?

The Good Samaritan law in California was brought in to protect any given person who went to the aid or help of another individual in the event of an emergency. By this I mean that if a medical expert or passerby is doing everything that they can to help an injured party at the scene of an emergency, then provided that the emergency worker or lay person is not acting irresponsibly or is negligent in any way, then that person cannot later be sued.

Sounds pretty straight forward so far right... well unfortunately it isn't that clear cut!

The main problem with this law is that it only protects lay people and emergency workers who are administering help at the scene of an emergency and does not protect people who administer help in the act of rescue itself. Therefore this law ultimately deters the very same people from aiding help that it was first drawn up to protect. 

So let's say for arguments sake that a person was being pulled from a burning vehicle and was further injured as a result of this, then the lay person or indeed, emergency worker could ultimately be sued. At the same time, medical personnel and lay people are only covered by this law if aid is given directly at the scene of an accident. This means that if help was administered to somebody in, or on the way to hospital, then it is possible that if the emergency worker acted negligently, they could again be sued.

As you can see this is a very complex law that can be open to interpretation. A Los Angeles personal injury attorney may have to represent someone who is being sued as a result of assisting at the scene of an emergency. In cases such as these the attorney has certainly got their work cut out.

 For instance, in the state of California, a personal injury lawyer will have to prove that the defendant acted with a competent skill level, and that they had administered reasonable care given or that vital decisions may have had to be made very quickly. They would also have to prove that care was administered as a result of the accident and that the plaintiff's injuries were not as a direct result of a rescue attempt.

In cases such as these it is vital that you choose a law firm with good knowledge of this law and a Los Angeles personal injury attorney who has previous dealings with such a case will understand its complexities. In general, when dealing with Good Samaritan law cases because of their implications, they are mostly high profile. Therefore your personal injury lawyer will also need to have the resources necessary in order to take on such a claim.

Cases like these aren't going to be solved overnight as your Los Angeles lawyer will have to speak to witnesses and get statements in order to build up a case for your defence. They will have to deal directly with the plaintiffs' attorneys as well as the possibility of dealing with the media.

If you feel that you have been a victim of the Good Samaritan law in California you must be certain to hire a Los Angeles personal injury lawyer who is competent and confident in getting you a positive result. Because of this, it really pays to do your homework. Don't simply go for the first law firm in the phone book. Contact a few of them and arrange an appointment. Try questioning them on their experience in handling similar cases and finally make a decision based on this.

If you do choose the right lawyer, then just maybe "your" good samaritan might well turn out to be your Los Angeles personal injury lawyer.



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