Are there not "Good Samaratin" laws that prevent liability issues from arising in emergency situations?

I have witnessed countless traffic accidents and no matter what, even if I'm closest, there is always someone running to aid the injured. I look around to be sure someone is on the phone and sure enough, someone always is.

I've never been so close to a fainter as to be able to catch them or break their fall, but I would. So that's the difference, you were the one who was first.

The point is, when I see that all seems to be in order, I move on so as to not be part of a crowd of gawkers. I don't know that I'd have stepped around to get my food in this instance, but in this instance the restaurant personnel should have a plan. A plan to make the fallen patron more comfortable and a plan to restore order.

my mom had a stroke in the middle of San Fransisco's Go-to place for PRIME RIB.

i saw the full spectrum. some super helpful people, and even some annoyed we ruined the vibe of the meal.

since i hadnt even taken a bite of the meat..not a single one!! when she stroked..i was a bit annoyed. i just needed one more minute. ;)

People suck, mostly self involved sheep.

In a situation like that, take charge and tell the ones looking at you what to do, generally they will.

My experience has been the opposite. When out and about I continually see people being courteous, trying to be helpful, and in the rare cases I've seen trying to help people in trouble


Two notable exceptions to the people are generally decent sentiment are: while on the internet, and while driving

Most states, including California, have laws that prevent anyone being sued for making a good faith effort to assist someone in distress. Medical training is not required and you cannot be sued if you are honestly trying to help.

Yeah, but you live in Texas, it is like a whole other country.

BTW, as a practical matter, good samaritan laws do not apply to healthcare providers. You can be sued and your liability insurance generally does not apply unless you happen to be an ER doc

Misinformed, what a big surprise. :rolleyes:

Plenty of info here, all 50 states have these laws:

https://www.google.com/search?client=safari&rls=en&q=do+good+samaritan+la ws+apply+to+doctors&ie=UTF-8&oe=UTF-8

And every serious car accident I've ever seen in CA. has too many people trying to assist. Total BS that people are not good here but feeds some right wing political narrative, I guess.

I had to look to be sure but it does appear each state has good Sam laws.

I did not know that. Thanks for the info Denis.

As I say, they typically do not apply to doctor. I am certain they do not in California or Texas, where I have practiced.

I am more inclined to listen to an attorney than the internet on this sort of deal.

Good chance to educate yourself.
https://en.wikipedia.org/wiki/Good_Samaritan_law
United States

All 50 states and the District of Columbia have some type of Good Samaritan law. The details of good Samaritan laws/acts vary by jurisdiction, including who is protected from liability and under what circumstances.[24]

The 1996 Federal Emerson Act was intended to encourage donations of food and grocery products that meet quality and labeling standards imposed by federal, state and local laws and regulations, by protecting the donor and the recipient agency against liability, excepting in the case of gross negligence and/or intentional misconduct. Prior to passage of the Emerson Act differences in language and applicability between states often discouraged national and regional companies from donating, resulting in otherwise usable food being sent to landfills.

The 1998 Aviation Medical Assistance Act also provided coverage for "Good Samaritans" while in flight (Section 5b) [25]

Yes, all 50 states have good samaritan laws, no, wikipedia is not a good source for making legal decisions. If you read the article linked, this ought to be clear.

Again, I am more inclined to listen to an attorney regarding legal matters. I know what the law is in Texas and California with respect to this.

Yep. You should always call your attorney before helping someone in an emergency.
Sorry I forgot to throw that in.

Exactly. :rolleyes:

He would be just the guy to let someone choke to death because he misunderstood the law. Physicians and other medical professionals are exempt like everyone else in emergency situations as long as it’s a true, random emergency and they are not treating the stricken person as a regular patient.

The only way he’d be liable is if one of his regular patients started screaming out in pain from bunions on a cross country flight and he applied the wrong Dr. Scholl’s pads.

And this could be part of the problem, your average Joe doesn't know about the good Sam law.

And +1 on asking for help, a lot of people may not have first aid and have no idea of what to do in an emergency (another good reason to send your kids to Scouts).

Listen to you licensed attorney and ignore the internet experts. But you knew that already. Astonishing that anyone would tell you different when your own attorney said no.

No Bob.

I talked to them about it before there was a possibility the situation could occur. Seems like that would be obvious to anyone who read the post to which you were responding, but apparently not.

That, and the average person that thinks they understand it are mistaken, as evidenced in this thread.

Or take a calculated risk, in the name of conscience and integrity to help somebody in need if the occasion should arise.

Or better yet, search for the actual written law. Took me about 10 seconds. He could have asked an attorney who graduated at the bottom of his class from the worst law school in the land and only pays bribes for some low life gangster in the White House.

Lawyers are like doctors. “What do you call the guy who graduated last in his class from med school?”

“Doctor.” :cool: