Update on the Good Samaritan Case

Thanks to Tony Willis for forwarding this to me. Hopefully this will go a long way towards protecting those of us us who volunteer. Moderator.

From the BICEPP Business Administrator:

On Thursday August 6, 2009, Governor Schwarzenegger signed two pieces of legislation that have a significant impact for Good Samaritans and CERT Teams alike . A previous decision by the California Supreme Court exposed a number of significant loopholes in the previously adopted Good Samaritan Act that consequently opened up personal liability to Good Samaritans and Disaster Services Workers . The adoption of these two pieces of legislation will provide Good Samaritans and Disaster Service Workers immunity from personal liability if they choose to provide aid in an emergency or disaster . Both bills take effect immediately . Please see below for more information .


Assembly Bill 83-Good Samaritan personal liability immunity

Existing law provides that any person who in good faith, and not for compensation, renders emergency medical care at the scene of an emergency shall not be liable for any civil damages resulting from any act or omission . This bill would instead provide that medical, law enforcement, and emergency personnel who in good faith, and not for compensation, render emergency medical or non-medical care at the scene of an emergency shall not be liable for any civil damages resulting from any act or omission . This bill would also provide that any person, not including medical, law enforcement, and emergency personnel, who in good faith, and not for compensation, renders emergency medical or non-medical care or assistance at the scene of an emergency shall not be liable for any civil damages resulting from any act or omission, as long as that act or omission does not constitute gross negligence or willful or wanton misconduct . This bill would declare that it is to take effect immediately as an urgency statute .

http://info.sen.ca.gov/cgi-bin/postquery?bill_number=ab_83&sess=CUR&house=B&site=sen


Senate Bill 39-Personal liability immunity: disaster service workers .

Existing law provides that no disaster worker who is performing disaster services during a state of war emergency, a state of emergency, or a local emergency shall be liable for civil damages on account of personal injury to or death of any person or property, as provided . This bill would provide that disaster service workers shall not be liable when acting within the scope of their responsibilities under the authority of the governmental emergency organization, as provided . This bill would provide that these provisions apply exclusively to any legal action filed on or after the effective date of this bill . This bill would declare that it is to take effect immediately as an urgency statute .


http://info.sen.ca.gov/cgi-bin/postquery?bill_number=sb_39&sess=CUR&house=B&site=sen