BILL ANALYSIS AB 83 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 83 (Feuer) As Amended June 15, 2009 2/3 vote. Urgency ----------------------------------------------------------------- |ASSEMBLY: |75-0 |(March 12, |SENATE: |40-0 |(June 22, | | | |2009) | | |2009) | ----------------------------------------------------------------- Original Committee Reference: JUD. SUMMARY : Seeks to encourage Good Samaritans to continue to step forward and help others in danger without any fear of facing a lawsuit. Specifically, among other things, this bill : 1)States the intent of the Legislature to encourage individuals to volunteer, without compensation, to assist others in need during an emergency, while ensuring that those volunteers who provide care or assistance act responsibly. 2)Clarifies that medical, law enforcement, and emergency personnel who in good faith, and not for compensation, render emergency care at the scene of an emergency shall continue to be immune from liability for any civil damages resulting from any act or omission. 3)Clarifies, in response to the recent decision by the California Supreme Court, that laypersons, in addition to medical, law enforcement, and emergency personnel, who in good faith, and not for compensation, render emergency medical or non-medical care or assistance at the scene of an emergency shall also not be liable for civil damages resulting from any act or omission, other than an act or omission constituting gross negligence or willful or wanton misconduct. 4)Contains an urgency clause to clarify the law in this area as quickly as possible. The Senate amendments are solely technical and clarifying in nature. EXISTING LAW : AB 83 Page 2 1)Provides that no person who in good faith, and not for compensation, renders emergency medical care at the scene of an emergency shall be liable for any civil damages resulting from any act or omission. (Health & Safety Code 1799.102, as interpreted by Van Horn v. Watson (2008) 45 Cal.4th 322.) 2)Defines "'wanton' or 'reckless' misconduct" as conduct by a person who may have no intent to cause harm, but who intentionally performs an act so unreasonable and dangerous that he or she knows or should know it is highly probable that harm will result." (City of Santa Barbara v. Superior Court, 41 Cal.4th 747, 753 (2007) (emphasis added).) 3)Defines "gross negligence" as an "exercise of so slight a degree of care as to justify the belief there was indifference to the interest and welfare of others." (46 Cal. Jur. 3d Negligence 100.) AS PASSED BY THE ASSEMBLY , this bill was virtually identical to the version approved by the Senate. FISCAL EFFECT : None COMMENTS : This non-controversial bi-partisan bill has not received any negative votes. The measure responds to a recent ruling by the California Supreme Court that, if left unaddressed, could inadvertently discourage people from being courageous "Good Samaritans" by coming to the aid of accident victims facing great peril. In essence, the measure provides immunity from suit to all Good Samaritans who render emergency care at the scene of an emergency regardless of whether the care they provide is found to be of a medical (e.g., CPR) or non-medical nature (e.g., carrying someone out of a burning building). However, the bill appropriately makes clear that such broad protection from suit is appropriately not available to rescuers who engage in grossly negligent or even reckless behavior. Last December, in Van Horn, the California Supreme Court narrowly interpreted an existing statute that provides immunity for anyone who in good faith renders "emergency care at the scene of an emergency." In enacting this statute in 1980, the Legislature sought to encourage people to come to the aid of accident victims without fear of later being sued for their efforts, should those efforts fail or unintentionally even turn out to make matters worse. AB 83 Page 3 In the Van Horn case, Lisa Torti pulled her friend and co-worker, Alexandra Van Horn, from a crashed vehicle in Los Angeles, fearing the vehicle was about to catch fire or even explode. Tragically, in doing so, Torti may have worsened Van Horn's injuries. Van Horn later sued the driver, who in turn sued Torti for exacerbating Van Horn's injuries. The trial court dismissed the action against Torti, finding that she was immune from liability since she provided "emergency care at the scene of an emergency." However, an appeals court then overturned the trial court ruling. The California Supreme Court, by a 4-3 vote, affirmed the appeals court decision. The Court held that the state's "Good Samaritan" statute, when read as part of the overall statutory scheme, only provides immunity to persons with respect to medical care at the scene of an emergency- not "non-medical" emergency assistance, such as pulling a person from a potentially exploding automobile or a burning building. As the 4-3 vote suggests, the Supreme Court's narrow reading of legislative intent is open to debate. More importantly, however, the Court stressed that its ruling was primarily one of statutory interpretation; the Court found that Torti was not covered by statutory immunity, but did not find that her actions were unreasonable or blameworthy. Thus the Court's decision in this case was arguably an open invitation to the Legislature to clarify its intentions as to how broadly it wishes to protect Good Samaritans' good faith actions. The Court's decision essentially addressed the question: does the Legislature intend, via this Good Samaritan statute, to provide narrow immunity from suit only to those Good Samaritans rendering medical types of emergency care at the scene of an emergency (e.g., CPR) or does the Legislature instead wish to provide broader immunity that protects Good Samaritans from suit when they provide non-medical assistance to those in peril as well (e.g., carrying someone out of a burning building)? This measure responds to this question by clarifying that this Good Samaritan statute provides immunity to all rescuers who render emergency care at the scene of an emergency -- regardless of whether the care they provide is later found to be of a medical or non-medical nature. However, the bill appropriately makes clear that such broad immunity is unavailable to rescuers who engage in grossly negligent or reckless behavior. Because the measure is designed to encourage Good Samaritans to AB 83 Page 4 volunteer in an emergency by protecting them from inappropriate liability when they render assistance to others in need, language in the bill clarifies that it does not impose any new legal duties or obligations. Nor does it seek to change any existing duties to act or to refrain from acting or liability for payment of damages when a party is at fault. In addition, the bill is an urgency measure to minimize any confusion about the state of Good Samaritan law in California. The bill is supported by an unusual coalition including the Civil Justice Association of California and the Consumer Attorneys of California. Editorial Support : The Los Angeles Times editorialized in support of this legislation on March 4, 2009, stating in part that: Coming to the rescue of so-called good Samaritans, new state legislation would give much-needed legal protection to passersby who help in an emergency? The main issue is that after the Supreme Court ruling [noted above], Californians were left with a loud message that their heroism might backfire. Feuer's legislation would send a new message: that random acts of kindness are encouraged and protected. Analysis Prepared by : Drew Liebert / JUD. / (916) 319-2334 FN: 0001485