BF2S Forums More LaLa Land Court Rulings

lowing wrote:

S3v3N wrote:

HollisHurlbut wrote:

Unfortunately, I can't find the text of California's Good Samaritan statute to compare it with my own state's version, due to the flood of stories about this ruling.  I know my own state's law not only immunizes you from liability but also obligates you to take action commensurate with your ability to do so.  (For example, a wheelchair-bound driver who witnesses a severe auto accident must only call for help, but a capable paramedic who witnessees the same accident must use his training to help.  If he simply called an ambulance like the wheelie, he'd be criminally liable.  However, if the wheelie wheeled on over to the scene and performed an emergency tracheotomy with a Bic pen, he wouldn't be covered because he's operating outside the bounds of his own ability to provide competent care.)  If California's statute is similarly worded, this ruling puts anyone in California into a trick bag where they have to walk the thin line between criminal liability for not helping or civil liability for not doing everything just right when they do help.

Montana has the same laws.

However, I am trained in rapid extrication as most other EMTs and Firefighters.. Basicly All you do is put a C-Collar on and pull them the fuck out.

and yes I do have a "jump" kit in my truck since I'm certified by the state of Montana to practice emergency medicine.

Are you legally obligated to render aid?

Last edited by S3v3N (2008-12-21 11:12:19)

HollisHurlbut wrote:

Unfortunately, I can't find the text of California's Good Samaritan statute to compare it with my own state's version, due to the flood of stories about this ruling.  I know my own state's law not only immunizes you from liability but also obligates you to take action commensurate with your ability to do so.  (For example, a wheelchair-bound driver who witnesses a severe auto accident must only call for help, but a capable paramedic who witnessees the same accident must use his training to help.  If he simply called an ambulance like the wheelie, he'd be criminally liable.  However, if the wheelie wheeled on over to the scene and performed an emergency tracheotomy with a Bic pen, he wouldn't be covered because he's operating outside the bounds of his own ability to provide competent care.)  If California's statute is similarly worded, this ruling puts anyone in California into a trick bag where they have to walk the thin line between criminal liability for not helping or civil liability for not doing everything just right when they do help.

S3v3N wrote:

lowing wrote:

S3v3N wrote:

Montana has the same laws.

However, I am trained in rapid extrication as most other EMTs and Firefighters.. Basicly All you do is put a C-Collar on and pull them the fuck out.

and yes I do have a "jump" kit in my truck since I'm certified by the state of Montana to practice emergency medicine.

Are you legally obligated to render aid?

Upon passing by any Accident Scene in the state of Montana, yes I am, unless an ambulance is on scene.


*edit* you have to remember, Montana is a very Rural State, the next town on the highway you could be traveling down might be 60 miles away.  For example, my area for response as a Firefighter and EMT is bigger than the state of Rhode Island.  Its a complex law that forces trained EMTs to provide aid within their scope of care and within their abilities with equipment on hand.

One call I went on as an EMT, it was a 45 mile drive on gravel road to some ranchers house, way out in the middle of f'n nowhere.

JahManRed wrote:

California is the craziest place Ive ever been.