Good Samaritans Needn't Fear Helping
Chicago Sun-Times, 09/12/1997By Robert A. Clifford
How does government legislate good samaritans? Cindy Richards [column, Sept, 5] posed that provocative question following the paparazzi's callous lack of assistance to Princess Diana.
Richards calls for perhaps even criminal sanctions if one walks by a person in need. The blame for such insensitivity was placed on Americans' fear of being sued should the do-gooder unwittingly make the situation worse.
But is that really the reason? There is no empirical data demonstrating a proliferation of lawsuits against doctors or any strangers who render emergency "roadside" care. So will any expansion of current law on the books really encourage volunteerism?
No, it will not.
In all likelihood, it is an issue of misconception of the public's protections under the law. Bystanders violate no law, for generally there is no duty to help or even warn a person of imminent danger in Illinois. Volunteers, without fault, who help one in danger are required to use only that degree of care that would be used by an ordinarily careful person.
But rather than rely on man's unselfish spirit in times of distress, Illinois has gone a step further in immunizing non-rescuers from liability through enacting a so called Good Samaritan statute. Since 1965, physicians who render emergency care at the scene of an accident have been absolved from civil liability.
Armed with this knowledge, every John Q. Public can now help someone in need with all good intentions, not run the other direction in fear of an unknown.
