Several days have passed since Governor Jindal's response to President Obama's non-State of the union speech and there are still some questions nagging at me that I haven't heard addressed by either the MSM or online. Jindal's story about the effect of government red tape/bureaucrats just really doesn't hold water for a number of reasons but that isn't what really bothers me.
Years ago in my snowy Chicago suburban hometown our local representative proposed and got passed something called a Good Samaritan law. Our local problem was this: If after a snowfall a homeowner shovelled his sidewalk and subsequently a pedestrian slipped and fell on the sidewalk said homeowner was liable for damages while if he hadn't shovelled the snow at all an accident was deemed an "act of god". The legislation that corrected this problem and saved the responsible property owner from damages was called a "Good Samaritan Law".
From the not always reliable but useful Wikipedia:
Good Samaritan laws in the United States are laws or acts protecting from liability those who choose to aid others who are injured or ill. They are intended to reduce bystanders' hesitation to assist, for fear of being sued or prosecuted for unintentional injury or wrongful death. Similarly, in Canada, a good Samaritan doctrine is a legal principle that prevents a rescuer who has voluntarily helped a victim in distress from being successfully sued for 'wrongdoing'. Its purpose is to keep people from being reluctant to help a stranger in need for fear of legal repercussions if they were to make some mistake in treatment.[1] Good Samaritan laws vary from jurisdiction to jurisdiction, as will their interactions with various other legal principles, such as consent, parental rights and the right to refuse treatment. Such laws generally do not apply to medical professionals' or career emergency responders' on-the-job conduct, but some extend protection to professional rescuers when they are acting in a volunteer capacity.
http://en.wikipedia.org/...
Did Louisiana have such a law? Yes they did.
Louisiana Good Samaritan Act
LSA-R.S. 37:1731.
Gratuitous service at scene of emergency; limitation on liability
A. No physician or surgeon licensed under the provisions of Chapter 15 of this Title, or nurses licensed under the provisions of Chapter 11 of this Title who in good faith gratuitously renders emergency care or services at the scene of an emergency, except in a public or private hospital of this state, to a person or persons in need thereof shall be liable for any civil damages as a result of any act or omission by such person in rendering the care or services or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the person involved in the said emergency.
B. Any physician, surgeon, or member of the medical profession who is not licensed to practice medicine in Louisiana but who holds a valid license to practice medicine in any other state of the United States who gratuitously renders care or services at the scene of an emergency as herein provided shall not be charged with violation of the Louisiana Medical Practice Act.
C. No veterinarian licensed under the provisions of Chapter 18 of this Title, who in good faith gratuitously renders emergency care or services or assistance at the scene of an emergency to an animal or animals in need thereof, shall be liable for any civil damages as a result of any act or omission by such person in rendering the care or services or assistance, or as a result of any act or failure to act to provide or arrange for further veterinary medical treatment or care for the animal involved in the said emergency.
D. No dentist licensed under the provisions of Chapter 9 of this Title, who in good faith gratuitously renders emergency care or services at the scene of an emergency, except in a licensed dentist office or public or private hospital, to a person or persons in need thereof shall be liable for any civil damages as a result of any act or omission by such person in rendering the care or services or as a result of any act or failure to act to provide or arrange for further dental care or treatment or care for the person involved in the emergency.
E. (1) No emergency medical technician who in good faith gratuitously renders emergency care or services at the scene of an emergency to a person or persons in need thereof shall be liable for any civil damages as a result of any act or omission in rendering the care or services or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the person involved in the emergency. (2) For purposes of this Section, "emergency medical technician" means a certified first responder as defined in R.S. 40:1231(10) and a certified emergency medical technician as defined in R.S. 40:1231(3), (4), or (5).
http://www.cprinstructor.com/...
This law covers Healthcare providers and EMTs but what about your run of the mill "Good Samaritans". You know the guy that has a fishing boat and is willing to risk life,limb and property to rescue those in distress, and this is what really bothers me, Jindal will rail against bureaucrats and government red tape but as a representative and as governor he could have proposed a fairly simple piece of legislation to correct this problem. He has done nothing but is willing to make a campaign issue out of it. It is time to call him out, have a Louisiana Democrat propose a well thought out law protecting the Good Samaritans among us and very publicly ask Governor Jindal why he didn't do the same years ago.