CHARLESTON – A “Good Samaritan” bill has passed the state Senate that supporters say would protect individuals and businesses providing assistance following accidents and disasters.
House Bill 2605 passed the Senate on a 31-0 vote March 3. It will be sent back to the House of Delegates because of minor changes made to the bill before it is sent to Gov. Jim Justice to be signed into law.
The House passed its version of the bill 98-0 on February 14.
McPhail
“It expands on the concept we have in our law that if a doctor happens by a motor vehicle accident and somebody is injured, he or she can render aid and assistant without fear of being sued,” state Sen. Charles Trump (R-Morgan) said during discussion of the bill February 28 in the Senate Judiciary Committee. “We as West Virginians, by nature, are people who want to help whenever there is an emergency or a disaster or a crisis.
“And to the extent that the fear of liability prevents that, it operates in a way that is opposite of our nature.”
HB 2605 says trained, licensed or certified professionals or entities that provide emergency aid at an accident scene or disaster can’t be held responsible for damages for “any act or omission”
Rebecca McPhail, president of the West Virginia Manufacturer’s Association, said members of her group recognized the need for this legislation.
“We heard from our members (who) talked about the need to address a ‘fence line’ issue that our companies have with regard to their liability or the assumption of liability if they voluntarily leave the fence line to respond to disasters,” she said during the February 28 Senate Judiciary meeting. “Out of fear of litigation, a lot of companies are advised not to leave the fence line even though they may have the best expertise and, in some cases, even the best equipment to deal with some of these emergencies and community disasters that may happen.”
Delegate Mark Zatazelo (R-Hancock), the original sponsor of the bill, also addressed the Senate committee. He said the remoteness of parts of the state makes the bill even more important.
“Because of liability issues, (such people and businesses) are very much afraid to stop and render assistance,” he said. “I can’t imagine anything worse. The best qualified people are hesitant to help. We have to do something about it.
