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O P I N I O N
We’re not immune Due to the absence of a comprehensive, federal Good Samaritan Law, A/E professionals are hesitant to lend a helping hand after an emergency.
W e have all heard someone in a perilous condition say, “Don’t just stand there, help me!” Or, more commonly the victim might ask, “Is there a doctor in the house?” But professionals are sometimes reluctant to offer their services as a volun- teer for fear of getting sued. Architects and engineers are among those who are often asked to lend a hand during or after an emergency, whether the situation is man-made or a natural disaster. But, being risk averse, design professionals have sought legisla- tion to cloak themselves with “statutory immunity” in their role as a volunteer.
William Quatman
The first Good Samaritan statute was passed in 1959 in California. Since then, every state has enacted some form of legislation to protect volun- teers. These statutes are written to protect indi- viduals from liability for negligent acts committed while voluntarily providing emergency care. As one California court put it, “The enactment of Good Samaritan legislation represents the reso- lution of competing interests. On the one hand, there is an interest in the vindication of the rights of the malpractice victim. On the other hand, there is the need to encourage physicians to ren- der emergency medical care when they otherwise might not. Where applicable, the legislation favors the latter over the former.” There are wide varianc- es in these laws, with some providing protection to a narrow class of individuals, such as licensed or certified medical professionals, while others pro- tect a broader class of people. See WILLIAM QUATMAN, page 4
In the past three years, these types of bills have been introduced in New York, New Hampshire, Mississippi, and Ohio, with varying results. In the May 7, 2012 issue of The Zweig Letter , we ad- dressed the topic of liability of design profession- als when volunteering their services. (See “What Is Your Liability When Volunteering,” Issue 958, p. 7). The new legislation and our new U.S. Congress suggests that we revisit this topic to see what de- velopments have occurred in the states and what might be accomplished at the federal level. WHAT IS A GOOD SAMARITAN LAW? The name Good Sa- maritan comes from the biblical parable told by Jesus shortly after saying, “Love your neighbor as yourself.” In Luke 10:30-37, the parable tells of a man who was attacked by robbers, stripped of his clothes, beaten, and left half dead. A Samaritan stopped and took pity on the man, bandaged his wounds, placed him on a donkey, brought him to an inn, and took care of him. Jesus said at the end of the story, “Go and do likewise.”
THE ZWEIG LETTER March 6, 2017, ISSUE 1190
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