Protection for Good Samaritans: Ted Stevens Plane Crash
August 14, 2010 | Insider News
The conditions at the site of the plane crash that claimed the life of former Senator Ted Stevens and others were hazardous at best. The Air National Guard helicopter which reached the crash early the next morning could not land on the rugged terrain in the rain, wind and fog; and had to winch the rescuers to the ground.
The survivors of the crash, however, were not alone awaiting rescuers. There were some five volunteers from the area rendering whatever assistance they could offer during the night. Here, just like a car accident or other emergency, those good Samaritans are always there to help; but what are the legal consequences?
Alaska, just like most other states, has a Good Samaritan or Volunteer Protection law to protect those who render emergency assistance. The Alaska Good Samaritan Law, Section 09.65.090, “Civil Liability For Emergency Aid” states:
“(a) A person at a hospital or any other location who renders emergency care or emergency counseling to an injured, ill, or emotionally distraught person who reasonably appears to the person rendering the aid to be in immediate need of emergency aid in order to avoid serious harm or death is not liable for civil damages as a result of an act or omission in rendering emergency aid.”
While the laws are in place to protect those who are willing to offer aid, they will not protect those who act with gross negligence, or reckless or intentional misconduct.
Even those who are under a pre-existing duty to provide assistance, such as emergency medical technicians, are protected under the Good Samaritan law if they are acting as volunteers. A doctor, who arrived at the scene, acting voluntarily and exercising reasonable care, would have been protected under the law as well.
In a time when many people turn a blind eye, don’t want to become involved, or fear lawsuits; these laws have been put into place to offer encouragement and protection – making it easier for people to offer assistance without the fear of civil lawsuits.
These persons who step forward to help others are good Samaritans, for sure, but it is important to remember that nothing in the law makes it mandatory for people to offer that help. If you choose to walk away or choose not to travel the hazardous conditions in Alaska to render aid, that’s fine too. However, you do have some obligation should you choose to offer assistance – you have the duty to continue until a professional or someone whose job it is to give emergency aid arrives.
While the Alaska Good Samaritan law covers all lay persons who offer assistance in an emergency, it does not cover those who are acting in the capacity of their employment. Working doctors, nurses and emergency personnel have a duty to offer assistance and a duty to give reasonable care to those needing medical attention. Their protection from lawsuits has its roots in a different source.
Good Samaritan laws are different in different states, so be sure that you know who the law protects and the extent of that protection should you choose to offer assistance to others.
Comments (3)
Crazyquilt! A health professional appears to be more exposed for rendering care in an emergency situation, in spite of whatever adversities may prevent them from giving quality care. On returning from a ski trip with an MD, we assisted a drunk driver who rolled his car over 100 ft down a bank. My friend had to slap the man to get him to calm down so he could check his vital signs. Once the person realized my friend was an MD, he threatened a lawsuit – so we ran up the bank, hopped in the car and drove off – knowing there were clear roadside indications that someone had gone over the bank. Sad!
Crazyquilt! A health professional appears to be more exposed for rendering care in an emergency situation, in spite of whatever adversities may prevent them from giving quality care. On returning from a ski trip with an MD, we assisted a drunk driver who rolled his car over 100 ft down a bank. My friend had to slap the man to get him to calm down so he could check his vital signs. Once the person realized my friend was an MD, he threatened a lawsuit – so we ran up the bank, hopped in the car and drove off – knowing there were clear roadside indications that someone had gone over the bank. Sad!
curious: It does sound that way. But even doctors and nurses (in some areas) that are volunteering can get protection from the law. Even medical personnel who are “on the job” at an accident can get some protection if they are using “reasonable care under emergency circumstances”. Remember though, once you started giving assistance, leaving before other help arrived could make you more liable.
I AM A LEGAL RESEARCHER NOT A LAWYER, SO MY COMMENTS DO NOT CONSTITUTE LEGAL ADVICE.