Californian Judge: “Don’t help people”
Published by jakeallen March 24th, 2007 in Jake's Musings, Cultural Commentary, News Commentary, The Simple Life, metablogging, politics, law and SCOTUS, America, Women2nd District Court rules that “Good Samaritan Law” doesn’t apply to pulling victum from dangerous wrecked car.
Madness!
Socially Bookmark Californian Judge: “Don’t help people” 
The court recognized well established tort law principles. There is no duty to aid, but if you do, there is a duty to not do so negligently (defined as what a reasonable person would do - the law calls this “an objective standard”). This is a common law standard. This is a different standard than is used in rendering medical care as outlined in the California statute: “No licensee, who in good faith renders emergency care at the scene of an emergency, shall be liable for any civil damages as a result of any acts or omissions by such person in rendering the emergency care.” The good Samaritan statute grants immunity for (1) good faith (2) renders emergency care (3) at the scene of an emergency (4) acts or ommissions in rendering emergency care. As gleaned from the article, there was no emergency care. The article did not mention a “dangerous” car. If, in fact, there was a dangerous car, then under the common law principle, a reasonable person may have pulled the person from the car and the act would not have been negligent. From the flavor of the case, it is doubtful that any injuries were caused by removal of the person from the car.
I thought this was decided by the court years ago? I also didn’t hear about this new case in California.