Would you sue a Good Samaritan?

In a way, it seems ironic to be discussing the possibility of suing a Good Samaritan during the Christmas season. However, due to a 4-3 ruling in the California Supreme Court last week, the liability shield laws in place in some states (to protect those who rush to the aid of those who need help) can now be circumvented if the victim wishes to sue. Before we look at the case, I think we need to look back to where the Good Samaritan term comes from.

If you have a Bible, you can open the book to Luke 10:25-37:

25 And a lawyer stood up and put Him to the test, saying, “Teacher, what shall I do to inherit eternal life?”

26 And He said to him, “What is written in the Law? How does it read to you?”

27 And he answered, “YOU SHALL LOVE THE LORD YOUR GOD WITH ALL YOUR HEART, AND WITH ALL YOUR SOUL, AND WITH ALL YOUR STRENGTH, AND WITH ALL YOUR MIND; AND YOUR NEIGHBOR AS YOURSELF.”

28 And He said to him, “You have answered correctly; DO THIS AND YOU WILL LIVE.”

29 But wishing to justify himself, he said to Jesus, “And who is my neighbor?”

30 Jesus replied and said, “A man was going down from Jerusalem to Jericho, and fell among robbers, and they stripped him and beat him, and went away leaving him half dead.

31 “And by chance a priest was going down on that road, and when he saw him, he passed by on the other side.

32 “Likewise a Levite also, when he came to the place and saw him, passed by on the other side.

33 “But a Samaritan, who was on a journey, came upon him; and when he saw him, he felt compassion,

34 and came to him and bandaged up his wounds, pouring oil and wine on them; and he put him on his own beast, and brought him to an inn and took care of him.

35 “On the next day he took out two denarii and gave them to the innkeeper and said, ‘Take care of him; and whatever more you spend, when I return I will repay you.’

36 “Which of these three do you think proved to be a neighbor to the man who fell into the robbers’ hands?”

37 And he said, “The one who showed mercy toward him.” Then Jesus said to him, “Go and do the same.”

So, what we have here is a Jew who has been beaten and robbed and left for dead. A priest, someone who we would identify with as being a person that would have instantly provided aid, kept his distance and continued walking. Part of this reason was due to cleanliness. A priest was to be kept clean and “holy,” but there is also an implication of his station in society as being a reason why he would not stoop to help someone in the victims’ condition. The Levite also held special religious positions in society as well as political. Again, in our mind you would think he would serve the common good by helping the wounded individual, but moved on.

Then Jesus mentions the Samaritan. For historical reference, the Samaritans and the Jews hated each other. Both groups practiced Judaism, though the Samaritans claimed they practiced the true, ancient form of the religion while the Jews practiced a more modern version. You could view them as the modern day Sunni’s and Shiites. So the fact that a Samaritan stopped to help his enemy who was in need when his fellow “neighbors” did not made a perfect example for how the person asking the question of Jesus should live his life – helping those in need.

Fast-forward 2,000 years, we come across the case of Alexandra Van Horn. In 2004, she was riding in a vehicle that collided with a light pole at 45 mph outside of Las Vegas. Behind her in a separate car was her friend Lisa Torti. Fearing that the car Alexandra was in was going to explode, she rushed from her vehicle to aid Alexandra by pulling her out of the vehicle. Alexandra was pulled to safety, but was eventually left paralyzed; a condition she blames on Lisa’s action.

So what should we as neighbors to do if we ever find ourselves in a situation to lend aid? Do we help out and fear the possibility of being sued later if there are some prolonged medical conditions? Do we sit by and wait for professional care providers to arrive on the scene and risk the possibility that the victim might die? I can’t answer those questions for you. In my mind, I would like to know that I would risk future legal actions if it means that someone’s life is saved. The thought that my inaction might lead to someone’s death would haunt me for the rest of my life.

As a lesson learned, legislators are looking at this ruling and are considering changes to their shield laws and Good Samaritan laws to protect those that try to do the right thing. For you as an individual, I would recommend that you learn basic first aid and CPR. I’m not asking you to go out and try to be a superhero and help everyone involved in an accident, but the training might help you make smarter decisions during an emergency.

Related articles:
ABC News – “Woman Sued for Rescue Effort in Car Crash”
KTNV News – “Good samaritan sued after saving co-worker”
Associated Press – “Calif. Court: Would-be Good Samaritan can be sued”
Digital Journal – “Good Samaritan Can Be Sued.  Bad Judgement?”

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