Source: Wsvn.com
Cellphone video captured a good Samaritan saving the driver of a truck that had caught fire after it crashed into another sedan in the northbound lanes of Interstate 95. The accident occurred on the interstate approaching State Road 836 on-ramp at after 2 p.m. on Wednesday.
A good samaritan was on his way to work when he saw the truck and an SUV engulfed in flames and quickly jumped into action to rescue a man who was trapped inside one of the vehicles. A video taken by a witness shows the man screaming for the driver to get out of the truck. When that did not work, the man ran towards the burning truck. While standing inches from the fire, the man pulled the driver out from the truck and brought him to safety.
Paramedics transported the driver of the pool supplies truck to the hospital with minor injuries. A second victim was treated on the scene. Miami Fire Rescue responded to the vehicle fire and temporarily shut down all northbound lanes. Traffic was backed up for several hours, but all northbound lanes have since reopened.
Florida’s Good Samaritan Act
The Good Samaritan Act provides immunity from civil liability to health care providers who gratuitously and in good faith render emergency care and treatment in situations related to and arising out of a state of emergency which has been declared pursuant to Fla. Stat. § 252.36. It also grants immunity to health care providers who render emergency medical care and treatment to injured persons at the scene of an emergency outside of a hospital, doctor’s office, or other place that has proper medical equipment.
The act establishes a standard of care which provides that health care providers shall not be held liable for civil damages as a result of rendering emergency medical care and treatment, or as a result of any act or failure to act in providing or arranging further medical treatment where the health care provider acts as an ordinary reasonably prudent person would have acted under the same or similar circumstances. If the health care provider does not comply with this standard of care, the grant of immunity will not apply. In addition, the grant of immunity will not apply if the victim objects to receiving the care or treatment.
Good Samaritan statutes are generally designed to protect individuals from civil liability for any negligent acts or omissions committed while voluntarily providing emergency care. The primary purpose of the statutes is to encourage prompt emergency care by granting immunity from civil damages and removing the fear of liability. The statutes generally attempt to eliminate common-law rules, under which a volunteer, choosing to assist an injured person although having no duty to do so, was liable for failing to exercise reasonable care in providing the assistance.
After the first Good Samaritan statute was passed in 1959, all 50 states have enacted some form of the legislation. All 50 states have passed some variation of the “Good Samaritan Act.” Some of these laws create a duty to rescue and encourage bystanders to assist. Yet other Good Samaritan laws are intended to protect the actions of private citizens assisting others in emergency circumstances, outside of a hospital or physician’s office, where some injury is inadvertently caused.
The Good Samaritan Act is found in Fla. Stat. § 768.13 and it basically provides that any person including medical practitioners who gratuitously and in good faith render emergency care and treatment at the scene of an emergency shall not be liable for damages when the injured victim does not object and if the person providing the treatment acts as a reasonably prudent person would have acted under the same or similar circumstances. The act distinguishes emergency care and treatment rendered in a hospital from emergency care and treatment rendered outside a hospital.
Florida’s Good Samaritan Act begins by addressing any person providing assistance, as follows:
“Any person, including those licensed to practice medicine, who gratuitously and in good faith renders emergency care or treatment either in direct response to emergency situations related to and arising out of a public health emergency …, a state of emergency … or at the scene of an emergency outside of a hospital, doctor’s office, or other place having proper medical equipment, without objection of the injured victim or victims thereof, shall not be held liable for any civil damages as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts as an ordinary reasonably prudent person would have acted under the same or similar circumstances”
Under Florida’s Good Samaritan Act, any person, including those licensed to practice medicine, who gratuitously and in good faith renders emergency care or treatment either in direct response to emergency situations related to and arising out of a public health emergency declared pursuant to statute, a state of emergency that has been declared pursuant to statute, or at the scene of an emergency outside of a hospital, doctor’s office, or other place having proper medical equipment, without objection of the injured victim or victims thereof, will not be held liable for any civil damages as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts as an ordinary reasonably prudent person would have acted under the same or similar circumstances.
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