An interesting case has arisen in California involving the actions of a “Good Samaritan.” Here’s what happened:
According to a report, a woman was in a car accident that left her a paraplegic. Upon seeing the accident, a Good Samaritan tried to help out. The plaintiff alleges that the defendant worsened her injuries by “yanking her like a rag doll” from the wrecked vehicle. So the plaintiff is suing the defendant for allegedly causing more serious injuries following the auto accident.
Many are surprised to find out that the California Supreme Court ruled that there is liability for those who cause injury while acting as a Good Samaritan. Some might think that, as Arizona personal injury attorneys, we applaud the increased ability to file lawsuits. But that’s not necessarily true.
Somebody who acts as a “Good Samaritan” to help others should generally not be sued unless they do not act “in good faith.” In this case, the defendant tried to come to the rescue of somebody who appeared to be in dire straits. Assuming she was doing the best she could and acting in good faith, the fact that she may have caused more severe injuries should not be the cause of greater liability.
Certainly, there are situations where somebody may not act reasonably and may unnecessarily cause greater injuries. But it is also important that Arizona personal injury lawsuits do not deter “Good Samaritans” from trying to help others. Fortunately, juries usually think this way as well.
