SENATE BILL REPORT

SHB 1388

BYHouse Committee on State Government (originally sponsored by Representatives Cooper, D. Sommers, R. Fisher, Prince, Walk, Schmidt, Patrick, Heavey, Crane, R. Meyers, Day and Moyer)

Limiting the application of the good samaritan statute.

House Committe on State Government

Senate Committee on Law & Justice

Senate Hearing Date(s):March 29, 1989

Majority Report:  Do pass as amended.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Hayner, Madsen, Nelson, Newhouse, Niemi, Rasmussen, Rinehart, Talmadge, Thorsness.

Senate Staff:Dick Armstrong (786-7460)

                  March 29, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, MARCH 29, 1989

BACKGROUND:

In 1975, the Washington State Legislature enacted what is commonly called the good samaritan law.  This law generally provides that persons providing emergency care or transportation without compensation will not be liable for damages caused by negligent provision of such care or transportation, so long as they are not grossly negligent.  This is called the good samaritan defense.

Under this law, the good samaritan defense is not available to persons who provide emergency aid "during the course of regular employment."

SUMMARY:

A new class of persons would be able to claim the good samaritan defense.

This new class would be created by excluding from the definition of "compensation" amounts paid to a person (other than a health care provider) for his or her regular work, so long as the regular work does not routinely include the providing of emergency care or emergency transportation.

This new class would include those transit operators, store clerks, and members of similar occupational groups who, without gross negligence, provide emergency care or emergency transportation while on the job.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

SUMMARY OF PROPOSED SENATE AMENDMENT:

The striking amendment only extends the protection of the good samaritan law to transit operators whose work does not routinely include providing emergency care or emergency transportation.

Senate Committee - Testified: Dennis Martin, Washington State Trial Lawyers Association; Ian MacGowan, Pierce Transit (pro); Don Heyrich, Amalgamated Transit Union (pro); Cliff Webster, Washington State Medical Association