Stop, look and help. Legal Protection for Rescuers
"No good deed will go unpunished" is a phrase, which I love because it speaks to an inherent tension of acting with the best of intents but ending up the worse for your well-intentioned conduct. You know, like helping a friend move their refrigerator only to have it drop on your toe. While we often try to remind ourselves to act according to the 'good book' in doing deeds that will help others, it is certainly true that extending yourself to benefit another person can surely cause our own heartache.
While there is undoubtedly a human instinct to help those in need, there must be a corresponding but polar emotion of looking the other way. Take the example of the recent story of a Chinese toddler who was hit by a truck in the road and wasn't helped by the first eighteen people who came upon her. Yes, outrage is easy when hearing such stories. But ask yourself, "how many times have I been in a situation where there was an opportunity to render aid and passed it by." For myself, there surely were times when I may have helped out someone injured or stranded, and chose not to do so because I was too busy or I didn't want to get involved.
Clearly, if we are a society that truly cares about one another we need methods allowing us to step forward, to help out one another without being paralyzed with the fear of bearing the consequences when a bad situation gets worse, not better, even when that is the result of the rescuer's mistakes. Few among us are paid to handle emergency situations and if we stand by passively in emergency situations, without lending a helping hand, not only does our paralysis in most cases do more physical harm but our most human quality, our hearts, becomes injured.
In the United States there are a little more than 2 police officers per 1000 people, evidence that resources in emergency situations may be extremely limited and making the willingness of unpaid volunteers to stand up and help, all the more important.
But what are the legal consequences of situations when you happen to come along somebody in need and help out, for example by stopping at the scene of an accident to render aid or, as a ski patrol volunteer trying to rescue an out of bounds snowboarder but by your own entry into the area causes an avalanche? While injecting yourself into a dangerous rescue may involve some personal risks, Good Samaritan laws are an attempt by each State to eliminate the personal liability the comes from helping someone out in an emergency situation.
The historical idea of being a Good Samaritan is traceable to a Biblical story where, “A man was going down from Jerusalem to Jericho, when he was beat and injured by robbers. A priest and others passed the injured man by, not crossing the road to help. But a Samaritan saw the man bandaged his wounds brought him to a safe place and paid for his care. (Luke 10:30-37.)
Since 1963, rescuers in Colorado have had some protection from personally liability for rendering aid in emergency situations when things then go wrong, or should I say, "more wrong".
The situations in which Colorado law encourages rescuers to lend a hand by eliminating liability, or monetary responsibility if they make mistakes in the course of the rescue can be grouped, as follows:
1. People coming to the aid of others in emergency situations;
2. Physicians who are helping out for free, unless they take actions or don't do things in a way, which is either grossly negligent or really awful;
3. Volunteer rescuers including ski patrol members, even if they get their ski pass for free; and
4. Not for profit telephone crises hot line volunteers.
So if you are in a situation such as driving on I-70 and someone goes into a ditch, don't just call 9-1-1, stop and make sure they are uninjured. If they are injured, help stop their bleeding because believe it or not, your powder day can wait. Or, if you are cruising down the slopes and come upon somebody clutching their knee, stop for a minute and make sure they are okay. The rescued person's appreciation for you not leaving them to struggle on their own will be immeasurable, even if they never know your name. If for some reason the situation gets worse because you stopped to help and did make a mistake, you will not be paying a legal judgment. Because, just sometimes, even good deeds do go unpunished.
Interestingly, some states go even further and make it a crime to fail to render aid to someone suffering or at risk of personal harm. Not Colorado, but perhaps a subject for another day.
Bruce Brown is a Colorado and California lawyer with offices in Idaho Springs. He may be reached at (303) 567-0111 or at info@BruceBrownLaw.com.
Bruce Brown, Attorney
Post Office Box 3366 ~ 1630 Miner Street ~ Idaho Springs, CO 80452
Tel. (970) 722-7778 or (303) 567-0111 ~ Toll free (866) 999-9529 ~ FAX (303) 567-9306 - Sitemap
Email: info@brucebrownlaw.com
