The Ohio Supreme Court published a decision recently that rejected a plaintiff’s personal injury claim because the defendant was protected by the state’s Good Samaritan law, which broadly relieves any person who administers emergency care or treatment at the scene of an emergency from liability for negligence. The plaintiff had sued the defendant and alleged that he acted negligently when attempting to move the truck by which the plaintiff had been accidentally struck.
The Plaintiff Suffered an Injury After He Was Pinned Between a Truck and a Loading Dock
The plaintiff in the case of Carter v. Reese was a man who was seriously injured after the defendant found him pinned by a semi-truck and attempted to render aid and move the truck. The plaintiff’s lawsuit alleged that the defendant failed to operate the truck properly and worsened the plaintiff’s injuries by mistakenly putting the transmission in reverse after being told by the plaintiff not to do so, resulting in the plaintiff’s leg being broken and ultimately amputated.
The Defendant Was Protected By the State’s Good Samaritan Law
In response to the plaintiff’s personal injury lawsuit, the defendant cited state laws that are designed to protect anyone responding in an emergency situation and attempting to render aid or assistance. Since the defendant was responding to a random emergency and trying to help the plaintiff out of an emergency situation, he was found to be completely immune from liability for any injuries that were sustained by the plaintiff as a result of the defendant’s allegedly negligent operation of the truck he attempted to operate. The Ohio Supreme Court agreed with the lower court’s ruling that Ohio’s Good Samaritan statute protects both medical professionals and members of the general public from liability, whether they are rendering medical care or other emergency assistance.
New Mexico Good Samaritan Law
N.M. Stat.Ann. 24-10-3 contains the provisions of New Mexico’s Good Samaritan statute as applied to liability for negligence. Like the laws applied recently in Ohio, the New Mexico law protects both medical professionals who assist in an emergency as well as other members of the public who attempt to render aid. The New Mexico law protects those giving medical treatment or care, or offering other emergency aid or assistance, and it can come between injured plaintiffs and their compensation if it is strategically used by the defense. It is for this reason, among others, that a dedicated personal injury attorney should be involved from the inception of any case.
New Mexico Semi-Truck Accident Attorneys
If you or a loved one has been injured or killed in an accident involving a semi-truck, you have the right to hold the other party accountable for the negligence that resulted in your injuries. The experienced New Mexico semi-truck accident attorneys at the Fine Law Firm can help you prove your case and pursue the damages that you deserve. Contact the Fine Law Firm today at (585) 989-3463 or sign up online to schedule a free consultation.
More Blog Posts:
Determinations of Fault in New Mexico Truck Accidents, New Mexico Personal Injury Lawyer Blog, August 4, 2016.
Federal Court Interprets Insurance Contract in Favor of Insurance Company, Limiting Settlement Amount, New Mexico Personal Injury Lawyer Blog, September 6, 2016.