Self-Service

There’s a saying that goes: “God helps those who helps themselves.” It used to mean that you have to do for yourself if you want to be successful and not sit back, only to blame everyone else for your own shortcomings.

It might mean something else, given a legal decision that recently occurred in California.

In 2004, a group of coworkers were headed home after an evening out. Their car crashed and one coworker pulled another coworker from the wreck. The coworker pulled out suffered injuries which left her a paraplegic. The paralyzed victim then filed suit against her rescuer, saying that the would-be Good Samaritan treated her “like a rag doll.”

ABC News reports:

The California Supreme Court ruled this week that [paraplegic Alexandra] Van Horn may sue [rescuer Lisa] Torti for allegedly causing her friend’s paralysis. The case—the first of its kind—challenges the state’s liability shield law that protects people who give emergency assistance.

[...]

The court ruled 4-3 that only those administering medical care have legal immunity, but not those like Torti, who merely take rescue action. The justices said that the perceived danger to Van Horn in the wrecked car was not “medical.”

The court majority said the 1980 Emergency Medical Service Act, which Torti’s lawyers cited for protection, was intended only to encourage people to learn first aid and use it in emergencies, not to give Good Samaritans blanket immunity when they act negligently.

Van Horn’s lawsuit will go on to trial court to determine if Torti is to blame for Van Horn’s paralysis.

But some legal experts say the ruling may discourage people from trying to save lives.

I have to admit that this has left me having second-thoughts about helping with anything other than dialing 911 if I come across an emergency situation, no matter the severity of the incident. If we’ve reached a point where, as a society, we’re making it known that emergency situations are going to be the doorway to lawsuits, I’ll be the first to say that I’m willing to step back and not help that society.

That is, of course, until we begin seeing routine lawsuits against folks for not helping, too. Then we’ll just have to prepare ourselves for regular lawsuits against everyone else for just getting out of bed in the morning.

Reference

James, Susan Donaldson. “Woman Sued for Rescue Effort in Car Crash.” ABC News. 19 Dec. 2008.

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