On Thursday, December 18, 2008, the California Supreme Court ruled that a woman who pulled a coworker from a wrecked vehicle is not immune from civil liability because the care she rendered was not medical.  Back in 2004, the co-workers were driving in two separate vehicles, driving home at 1:30am Halloween night when the first vehicle hit a pole.  A passenger from the following vehicle - Torti - pulled the injured passenger - Van Horn - from the wreckage, citing that she saw smoke and liquid coming out of the wrecked vehicle.  The injuries suffered by Van Horn  as a result of being pulled from the vehicle have left her as a paraplegic.  Click here for the full story.

While we feel it necessary to help in an emergency, we have to remember what is reasonable and prudent so we can act as good Samaritans and hopefully not be sued.  Here are a few things to consider when assisting in an emergency…

• Is the victim conscious?  If so, ask if you may help them.  If they say “no” and you still do, you do not have much of a case if you injure them during your rescue attempt.
• Ask questions.  Can they move?  Where do they hurt?  You make a better rescuer by just giving comfort and company and not moving the victim.
• If the victim is unconscious, assess the scene first.  Are there any life threatening circumstances abound?  In the case of Torti and Van Horn, Torti saw fluid and smoke - no flames.  Vehicles do not typically explode after an accident - and the Ford Pinto has been out of production since the 80’s.  Fluid and smoke is typically from the radiator.  She also did not pull Van Horn away from the wreckage, leaving her next to the “smoking” vehicle.  Fear of imminent death as a result of the accident would result in a reasonable and prudent person pulling the victim clear of any danger.
• You have to ask yourself, “Is this person going to die if I do not act?”  A person in a submerged vehicle in a flash flood will probably die if immediate action is not taken.  Car wrecks do not usually result in such actions, unless the vehicle is on fire, and emergency crews arrive faster than you think.
• Take a First Aid/CPR course.  This one day course will teach you enough to react in helping someone in an emergency so you can act reasonably.  Check out the American Red Cross for upcoming courses.

Bottom line, don’t let a ruling such as this deter you from helping others.  If you assess the circumstances and just use your noggin, your acting as a good Samaritan will still be rewarded.