Trying to help a person in danger after a car crash might get you into trouble. Of course, Lisa Torti did not believe so when trying to get Alexandra Van Horn out of her car, which was almost in flames.
The California Supreme Court ruled Thursday that Lisa Torti is not immune from civil liability because the care she rendered wasn’t medical. The Court decided that California’s Good Samaritan law only protects people from liability if they are administering emergency aid.
But is there time to think what is best for a crash’s victim? Lisa Torti declared that she saw smoke coming out from the crashed car and, at that moment, she believed that the vehicle would explode. Therefore, she needed to act fast. She needed to get her friend out of there no matter the risks. Unfortunately, getting the woman out of her car caused her to become paralyzed and therefore she can now sue Lisa Torti, as she acted impulsive and she didn’t give appropriate emergency assistance.
Justice Carlos Moreno wrote for a unanimous court that a person is not obligated to help someone, but he/she does, “he or she has a duty to exercise due care.”
The Court’s decision is controversial, as it might encourage people not to react and help victims of a crash when needed. How this case is going to end remains to be seen, but I guess no one can blame Lisa Torti for trying to help her friend even if she was not qualified to get her out of the car.
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