If you ever encounter a situation where you have to stop and render aid to another person do you know what liability you may face? Watch Independent Program Attorney Doug Richards teach you the law so you won’t have to hesitate when it comes to saving a life.
Sherry Hale: We have all been there. You pass an accident on the side of the road; you want to help, but you’re worried what happens if something goes wrong can you be sued? The short answer is yes. Listen to what your Independent Program Attorney says about Good Samaritan laws in your state.
Doug Richards: Doug Richards here for US LawShield of Colorado. It is a beautiful winter day here in Denver, and when it’s winter people like to go to the slopes. And I always get the same question what happens if I come upon somebody who’s fallen and broken their leg or has gotten injured, should I step in or am i exposing myself to a civil lawsuit on down the road?
It’s a great question and our General Assembly’s already addressed that issue and there’s a statute on the books. Specifically, Colorado Revised statute 13 – 21 – 108 and what that does is it gives you protection from civil damages in the event that you step in as a good Samaritan and provide first aid to somebody. Now, there is an exception to it because if you walk in and you provide first aid that is below the standard of care that’s determined to be grossly negligent or willful and wanton then you wouldn’t be able to have the protection of this statute.
So let’s put this in motion and let me give you an example. So let’s just say you’re skiing and it really would apply to anything car accidents or anything that might occur but since it’s winter here let’s use skiing. So you’re skiing you come upon somebody who’s injured you determine they have a broken leg you help put a tourniquet on you wait for Ski Patrol to come up you turn it over to Ski Patrol for whatever reason the person decides to sue everybody on the mountain that day. That statute we just talked about 13-21-108 would provide you protection in the event of that lawsuit. However, if while you’re waiting for Ski Patrol you decided for whatever reason to use your ski pole to make a tracheotomy and it wasn’t needed that’s a situation where this statute would not provide protection because I think anybody would agree that that would be a grossly negligent act in that situation.
Obviously, there’s a lot of specific situations that might apply only to you or what you’re thinking about so feel free to call me at my office I’m always happy to talk to U.S. LawShield members about this or anything else and until we speak thanks for watching.
Sherry: The law offers you protection but the reality is you can be sued by anyone, anytime, for anything, even for acting as a good Samaritan. Texas LawShield is here to help so you don’t have to hesitate when doing the right thing. Get certified in First Aid for Gunshot Wounds today and receive our exclusive Good Samaritan coverage for free. Good Samaritan coverage is our way of protecting our good-hearted members. Go to 2aInstitute.com and get certified today!