What is Happening to this world?

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Good Samaritan Can Be Sued. Bad Judgment? - Digital Journal: Your News Network

You got to be kidding!!!! You can get sued for helping others in a time of life and death situation's?!?

Not too long ago I help a Man in a accident... The car caught on fire and he was burning to death I could not just sit and watch I HAD TO HELP! Now I have to think about it before I help anybody? This LAW Is messed up.

Is there such Law in Texas?
 

txinvestigator

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Texas has a Good Samaritan Law that provides civil protection to persons administering emergency care in good faith at the scene of an emergency or in a health care facility. The law limits the civil liability of these persons unless their actions are wilfully and wantonly negligent. However, a LAWSUIT is where it is determined if the actions were negligent.

Texas Civil Practice and Remedies Code
Sec. 74.151. LIABILITY FOR EMERGENCY CARE.
(a) A person who in good faith administers emergency care is not liable in civil damages for an act performed during the emergency unless the act is wilfully or wantonly negligent, including a person who:
(1) administers emergency care using an automated external defibrillator; or
(2) administers emergency care as a volunteer who is a first responder as the term is defined under Section 421.095, Government Code.
(b) This section does not apply to care administered:
(1) for or in expectation of remuneration, provided that being legally entitled to receive remuneration for the emergency care rendered shall not determine whether or not the care was administered for or in anticipation of remuneration; or
(2) by a person who was at the scene of the emergency because he or a person he represents as an agent was soliciting business or seeking to perform a service for remuneration.
(c), (d) Deleted by Acts 2003, 78th Leg., ch. 204, Sec. 10.01.
(e) This section does not apply to a person whose negligent act or omission was a producing cause of the emergency for which care is being administered.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 960, Sec. 1, eff. Aug. 30, 1993; Acts 1999, 76th Leg., ch. 679, Sec. 2, eff. Sept. 1, 1999. Renumbered from Sec. 74.001 and amended by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 705, Sec. 1, eff. June 15, 2007.

Sec. 74.152. UNLICENSED MEDICAL PERSONNEL. Persons not licensed or certified in the healing arts who in good faith administer emergency care as emergency medical service personnel are not liable in civil damages for an act performed in administering the care unless the act is wilfully or wantonly negligent. This section applies without regard to whether the care is provided for or in expectation of remuneration.



Texas also has protection in the Penal Code for a defense to prosecution for criminal violations.
 

cmartinez95

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Nov 15, 2008
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Good Samaritan Can Be Sued. Bad Judgment? - Digital Journal: Your News Network

You got to be kidding!!!! You can get sued for helping others in a time of life and death situation's?!?

Not too long ago I help a Man in a accident... The car caught on fire and he was burning to death I could not just sit and watch I HAD TO HELP! Now I have to think about it before I help anybody? This LAW Is messed up.

Is there such Law in Texas?


My wife and I were talking about this over the weekend. We cannot believe what things are coming to. That's the kind of stuff that makes me not want to ever help anyone. I feel bad for my two kids cause I know things are only going to get worse when they are adults...
 

TxPhantom

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My wife and I were talking about this over the weekend. We cannot believe what things are coming to. That's the kind of stuff that makes me not want to ever help anyone. I feel bad for my two kids cause I know things are only going to get worse when they are adults...

That's a big ditto on that! Sometimes (well, not often) I'm glad I'm as old as I am.
 

txinvestigator

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Texas also has a law about failure to stop and render aid

Which applies only to those involved in a traffic accident and does not requier you to actually personally give medical "aid" to others.

Texas Transportation Code
SUBCHAPTER B. DUTIES FOLLOWING ACCIDENT
Sec. 550.021. ACCIDENT INVOLVING PERSONAL INJURY OR DEATH. (a) The operator of a vehicle involved in an accident resulting in injury to or death of a person shall:(1) immediately stop the vehicle at the scene of the accident or as close to the scene as possible;(2) immediately return to the scene of the accident if the vehicle is not stopped at the scene of the accident; and(3) remain at the scene of the accident until the operator complies with the requirements of Section 550.023.(b) An operator of a vehicle required to stop the vehicle by Subsection (a) shall do so without obstructing traffic more than is necessary.(c) A person commits an offense if the person does not stop or does not comply with the requirements of this section. An offense under this section:(1) involving an accident resulting in death of or serious bodily injury, as defined by Section 1.07, Penal Code, to a person is a felony of the third degree; and(2) involving an accident resulting in injury to which Subdivision (1) does not apply is punishable by:(A) imprisonment in the Texas Department of Criminal Justice for not more than five years or confinement in the county jail for not more than one year;(B) a fine not to exceed $5,000; or(C) both the fine and the imprisonment or confinement.

Sec. 550.022. ACCIDENT INVOLVING DAMAGE TO VEHICLE. (a) Except as provided by Subsection (b), the operator of a vehicle involved in an accident resulting only in damage to a vehicle that is driven or attended by a person shall:(1) immediately stop the vehicle at the scene of the accident or as close as possible to the scene of the accident without obstructing traffic more than is necessary;(2) immediately return to the scene of the accident if the vehicle is not stopped at the scene of the accident; and(3) remain at the scene of the accident until the operator complies with the requirements of Section 550.023.(b) If an accident occurs on a main lane, ramp, shoulder, median, or adjacent area of a freeway in a metropolitan area and each vehicle involved can be normally and safely driven, each operator shall move the operator's vehicle as soon as possible to a designated accident investigation site, if available, a location on the frontage road, the nearest suitable cross street, or other suitable location to complete the requirements of Section 550.023 and minimize interference with freeway traffic.(c) A person commits an offense if the person does not stop or does not comply with the requirements of Subsection (a). An offense under this subsection is:(1) a Class C misdemeanor, if the damage to all vehicles is less than $200; or(2) a Class B misdemeanor, if the damage to all vehicles is $200 or more.(c-1) A person commits an offense if the person does not comply with the requirements of Subsection (b). An offense under this subsection is a Class C misdemeanor.(d) In this section, a vehicle can be normally and safely driven only if the vehicle:(1) does not require towing; and(2) can be operated under its own power and in its usual manner, without additional damage or hazard to the vehicle, other traffic, or the roadway.

Sec. 550.023. DUTY TO GIVE INFORMATION AND RENDER AID. The operator of a vehicle involved in an accident resulting in the injury or death of a person or damage to a vehicle that is driven or attended by a person shall:(1) give the operator's name and address, the registration number of the vehicle the operator was driving, and the name of the operator's motor vehicle liability insurer to any person injured or the operator or occupant of or person attending a vehicle involved in the collision;(2) if requested and available, show the operator's driver's license to a person described by Subdivision (1); and(3) provide any person injured in the accident reasonable assistance, including transporting or making arrangements for transporting the person to a physician or hospital for medical treatment if it is apparent that treatment is necessary, or if the injured person requests the transportation.
 

txinvestigator

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I am so glad I live in Texas.

In Texas you could still be sued, which is what this California case is about. The right to file the suit.
 

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