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Good samaritans are protected
Manage episode 185238015 series 1530160
In today’s podcast, Richard L. Duquette discusses how Good Samaritans are Protected. Tune in to help you decide when and how to help an injured bicyclist!
In Good Hands
Some people may fear having to face a lawsuit when they come upon a downed rider. They fear the liabilities that can possibly come along with the accident. For this, a few could just stand around the victim while the others ride by without providing help.
Suppose a good samaritan comes along. Well, there’s nothing to fear. Laws have been established in California to protect the good-hearted person.
Not Required to Help
Historically, there have been no mandates that require us to help. If you decide to help a downed rider, you can use “due care” or risk liability.
Liability arises only when a person has a special relationship with the victim. None can be punished for not taking action.
Encouraged to Volunteer
Today, CA Health and Safety Code Section 1799.102 encourages us to volunteer help in an emergency. It states, “No person who in good faith, and not for compensation, renders emergency medical or nonmedical care at the scene of an emergency shall be liable for any civil damages resulting from any act or omission.”
You won’t be facing a lawsuit as long as you assist a downed rider responsibly. For this, you can provide any necessary actions to help.
Tips When Offering Help
Local paramedics provide the following tips when helping a downed bicyclist:
- Check if the person is breathing
- Give CPR only when you know how
- Don’t move the person
- Don’t take off his helmet and clothes
- Tell the person not to move
- Call 911 for immediate help
- Guard the person against oncoming motorists and dangers
To hear about the protection and tips in helping a downed rider, download and listen to the entire episode of Good Samaritans are Protected.
If you are short on time, here are the highlights of Good Samaritans are Protected:
Historical background? (1:33)
When a bad person makes the mistake? (3:17)
Tips when offering help? (3:36)
Enrolling in an emergency medical training program? (5:25)
Life and death situation? (6:15)
Connect with Richard L. Duquette at the following links:
Email Richard
Call Richard: 760-730-0500
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© 2016 Law Firm of Richard L. Duquette
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