What is the Good Samaritan law in Louisiana?
Full Question:
I had a stroke while climbing the stairs to office. A person who works in the next building saw me in pain and took me to the hospital. When the nurses came to attend me, he left the place without telling anyone. Now I know this person as I’ve seen him many times near and around my office building. Can I sue him for leaving me without calling my family or arranging for a good doctor?
03/31/2017 |
Category: Helping People » Good Samarit... |
State: Louisiana |
#34919
Answer:
Here the law that provides immunity to such Good Samaritans.
La. R.S. § 9:2793 :
Gratuitous service at scene of emergency; limitation on liability.
A. No person who in good faith gratuitously renders emergency care, first aid or rescue at the scene of an emergency, or moves a person receiving such care, first aid or rescue to a hospital or other place of medical care shall be liable for any civil damages as a result of any act or omission in rendering the care or services or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the person involved in the said emergency; provided, however, such care or services or transportation shall not be considered gratuitous, and this Section shall not apply when rendered incidental to a business relationship, including but not limited to that of employer-employee, existing between the person rendering such care or service or transportation and the person receiving the same, or when incidental to a business relationship existing between the employer or principal of the person rendering such care, service or transportation and the employer or principal of the person receiving such care, service or transportation. This Section shall not exempt from liability those individuals who intentionally or by grossly negligent acts or omissions cause damages to another individual.
B. The immunity herein granted shall be personal to the individual rendering such care or service or furnishing such transportation and shall not inure to the benefit of any employer or other person legally responsible for the acts or omissions of such individual, nor shall it inure to the benefit of any insurer.
C. For purposes of this Section, rendering emergency care, first aid, or rescue shall include the use of an automated external defibrillator as defined by R.S. 40:1236.12.
La. R.S. § 9:2793.2:
Gratuitous emergency services rendered by American Red Cross volunteers; limitation of liability.
A. No person who in good faith gratuitously renders any emergency service as a volunteer on behalf of the American Red Cross shall be liable for any civil damages as a result of any act or omission in rendering such care or services or as a result of any act or failure to act or failure to provide or arrange for further services.
B. The limitation of liability provided in Subsection A shall not apply if any of the following exists:
(1) The emergency service provided was inconsistent with or a breach of policies or procedures taught in the current and most advanced national American Red Cross First Aid Training Course or American Red Cross Disaster Nursing Course, or both.
(2) The emergency service provided was not supervised by a duly qualified employee or agent of the American Red Cross, as required by the policy and procedures of the American Red Cross.
(3) The damages were caused by the intentional act or omission or gross negligence or willful or wanton misconduct of the volunteer.
C. As used in this Section:
(1) "Emergency service" means the immediate and temporary care rendered to a victim of injury or sudden illness consistent with the policies and procedures taught in the current and most advanced American Red Cross First Aid Training Course or the American Red Cross Disaster Nursing Course, or both.
(2) "Volunteer" means a person who has successfully completed first aid training by the American Red Cross or other recognized emergency medical training program and whose certification is current.