Indiana Good Samaritans are protected from civil liability"

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  • 4sarge

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    FREEDONIA
    Indiana Good Samaritans are protected from civil liability"


    Ken Kosky's NWI Times' "It's the Law" column today looks at Indiana's Good Samaritan law. Some quotes:
    Indiana law generally does not require people to be Good Samaritans, but it does protect those who help a fellow citizen in need.


    The law states that a person who comes upon the scene of an emergency or accident and who "in good faith, gratuitously renders emergency care ... is immune from civil liability for any personal injury that results ... ."

    Porter County Prosecutor Brian Gensel said the law is designed to let people do the right thing without fear of being sued.

    "People don't want to be sued for getting involved and trying to help somebody," Gensel said.
    "If the actions of a Good Samaritan are reasonable under the circumstances, this statute would protect them from civil liability."

    The protection stands unless the Good Samaritan's actions amount to "gross negligence or willful or wanton misconduct," the law states.

    Although people are generally protected if they get involved, Indiana law generally does not require people to do things like save a drowning person, perform CPR on a person who has collapsed or pull a person from a burning car. And people who have information that could help solve a crime are not required to come forward.

    Still, Gensel said the law does require people who know of or witness abuse to a child or elderly person to report it to law enforcement. And people who are ordered to assist a police officer can be charged with refusal to aid an officer.
    Here are two columns we missed:

    "It's the Law: Don't mix boating and alcohol" published on May 18th.
    "It's the Law: The law prohibiting junk vehicles" published on May 25th.
     

    Dryden

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    The law states that a person who comes upon the scene of an emergency or accident and who "in good faith, gratuitously renders emergency care ... is immune from civil liability for any personal injury that results ... ."

    Any lawyer can tear that statement to shreds. Even if you "Win" the lawsuit, you will lose time, money and your health.

    Why do you think New Yorkers have been just driving by car accidents and stepping over unconcious people on the street..... Been there, done that.
    No good deed goes unpunished.
     

    Jay

    Gotta watch us old guys.....cause if you don't....
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    I'd be interested to know if anyone has been not just been sued, but actually taken to court for a non-negligent case. Anyone can be sued, but after 15 years as an EMT, I've yet to hear of a case that wasn't dismissed prior to trial. Nope, I certainly haven't heard of all of 'em....... :rolleyes:
     

    Dryden

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    It would be difficult to determine how many people drove past the accident or walked past an emergency situation. We'll only know of those that stayed around.
    Fear of a lawsuit is real.
     

    m39fan

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    The Good Samaritan Laws in Indiana have been tested by sleezebag lawyers for years. The courts have always held the Samaritan is not liable for anything that may occur if acting in good faith. The only gray area that ever came up is with Volunteer Firefighters & EMS. That has mainly been held to this: if you're outside your normal AO, you're a civvie and therefore Good Samaritan applies. If inside your AO, but not called to the scene, you're covered under your dept liability as long as you stay in your scope of care.

    The reference to NY has no validity here as we have a legal tradition of helping others not preying on them!
     

    Bill of Rights

    Cogito, ergo porto.
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    Where's the bacon?
    INParamedic.jpg
    'Nuff said.
    Blessings,
    Bill​
     

    Dryden

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    The reference to NY has no validity here as we have a legal tradition of helping others not preying on them!

    Hopefully, nothing that comes out of New York has any validity.

    Ooopps, I just realized I lived there for 35 years. Screw it, I'm staying in Indiana... love the people, love Indianapolis, love the weather, and I really love their gun laws!!!
     
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