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Med Mal News
California Good Samaritans Get New Protections
California's Assembly Bill 83 was signed into law in August by Governor Arnold Schwarzenegger. The legislation protects good Samaritans who are not medical professionals from most liability when they attempt to assist others during emergencies. The new law was introduced after the California Supreme Court ruled, in Van Horn v. Watson, No. S152360 (Cal. 2008), that only trained emergency medical responders were immune from liability under the state's Health and Safety Code. In Van Horn, a woman sued her friend after the friend pulled her from her car following an auto accident, leaving her a paraplegic.
The Consumer Attorneys of California and the Civil Justice Association of California (CJAC), a tort reform group, supported the bill, which protects from liability those who try to help others in danger. As president of CJAC Christine Spagnoli said, passage of the new law means that “[p]eople who do something and unintentionally cause additional harm aren't going to be faced with having to be potentially sued.”
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