Sammy is a good-hearted guy who has always tried to help those in need.
One day, as he was traveling from Rayville to Delhi on Hwy. 80, he saw a man on the side of the road. The man, Larry, had been beaten, robbed and stripped of most of his clothes.
Most other people simply passed by and ignored the bloody man. But Sammy was made of different stuff. He bound Larry’s wounds with some gauze from the first aid kit in his truck, loaded him into his vehicle and took him to the hospital. Sammy even paid for Larry’s emergency room visit. Sammy was feeling proud of his “good deed for the day” until a few months later, when he was served with a lawsuit brought by Larry.
Larry claimed that Sammy injured his neck while moving him from the scene of the crime and that Sammy was negligent in loading him into his truck, rather than calling for an ambulance.
Does Larry have a case?
Louisiana law protects a Good Samaritan such as Sammy. A person who gratuitously renders emergency care, first aid or rescue and transports someone to a hospital in good faith is not liable for damages for any negligence or failure to do something in rendering aid.
However, the law does not protect intentional action or those who are “grossly negligent” and cause damage to others. Sammy should not have a liability problem in this situation, as he did not charge a fee for his help and did it in good faith.
This law, called the “Good Samaritan Statute,” has an excellent purpose. It encourages people to be good-hearted like Sammy and help those in need without fear of lawsuits.
As Jesus once said, that’s what being a neighbor is all about.
David Doughty is an attorney for the law firm of Cotton, Bolton, Hoychick & Doughty.
