Good Samaritan Doctrine

• Bujol v. Entergy and The Good Samaritan Doctrine: Workers Compensation and Safety Regulations, Who Needs Them?

Bujol V. Entergy II. The Good Samaritan Doctrine: Application And Analysis A. Section 324A's Main Text: The Threshold Requirement B. Subsection (A): Increasing The Risk Of Harm C. Subsection (B): Undertaking To Perform A Duty Owed By Another D. Subsection (C): Reliance III. The First Circuit's Application Of The Good Samaritan Doctrine IV. Effects Of Applying The Good Samaritan Doctrine In The Corporate Context A. Workers' Compensation Laws: What Exclusive Remedy? B. Liability For Attempting To Ensure A Safe Workplace = Disincentive V. Possible Solution To The Good Samaritan Dilemma VI. Conclusion

• Louisiana Law Review
• Nbr. 63-2, January 2003

• Good Samaritan Doctrine

A principle of TORT LAW that provides that a person who s...

• West's Encyclopedia of American Law
• Fri–Jam

• Viola Moody, Et Al. (84-5479), George D. Bawgus, Et Al. (84-5695), Plaintiffs-Appellants, v. United States of America, Et Al., Defendants-Appellees., 774 F.2d 150 (6th Cir. 1985)

...Moody premised her argument on the Good Samaritan doctrine of Restatement (Second) of Tort...

• Federal Circuits

• Block v. Neal, 460 U.S. 289 (1983)

... states a claim for negligence under the Good Samaritan doctrine that is otherwise actionable un...

• U.S. Supreme Court

• United States v. S. A. Empresa De Viacao Aerea Rio Grandense, 467 U.S. 797 (1984)

... for respondents under the California "Good Samaritan" rule, and the Court of Appeals affirmed... by applying the "Good Samaritan" doctrine of 323 and 324A of the Restatement (Second) of Tor...

• U.S. Supreme Court

• Lockman v. S.R. Smith, LLC, et al.,, (11th Cir. 2010)

...Under the good samaritan doctrine, a defendant can be liable for ...

• Federal Circuits

• Cotton v. Bur. of Workers' Comp., (Ohio 2011)

The trial court erred in rendering summary judgment in favor of the Bureau of Workers’ Compensation. Whether an injury arises in the course of employment is a mixed question of law and fact, and genuine issues of material fact preclude summary judgment for either party in this case. Ohio allows workers’ compensation benefits where an employer’s “company policy” obliges employees to help stranded motorists, where an employer allows employees to go to the aid of fellow employees, or where an employee is injured by horseplay commonly carried on by employees with the knowledge and consent or acquiescence of the employer. In this case, there is no evidence that the employee’s actions in tipping a vending machine were taken at his employer’s insistence or permission, or with the employer’s ...

... court applied the “Good Samaritan” doctrine, which had been used in  previous cases in... as  ‘moving billboards' was to obtain good will.”    205 N.E.2d at 455.      {¶ 3...

• Ohio Supreme Court

• Barbara G. Myers, Individually and as Administratrix of the Estate of Charles R. Myers (92-5812); Joyce Ann Layne Rollins, Individually and as Administratrix of the Estate of Darrell Glenn Rollins (92-5813); Connie Rancene Kilgore Parson Dykes, Individually and as Administratrix of the Estate of Gaylon L. Parson (92-5814); Georgia Ruth Nolan Henry, Individually and as Administratrix of the Estate of Harvey J. Nolan, Jr. (92-5816), Plaintiffs-Appellants, v. United States of America, Defendant-Appellee., 17 F.3d 890 (6th Cir. 1994)

... either the state-law "negligence per se" or "good samaritan" doctrines. These duties, and the statut...

• Federal Circuits

• Patsy Ayala, Donna M. Ayala, Daisy M. Ayala, Dion W. Ayala, By and Through Their Mother and Next of Friend, Patsy Ayala; Sylvia Cook, Kyle D. Cook, Jr.; Donna Cook, Angela Cook, Sheryl Lucero Steiner; Travis Lucero, By and Through His Mother and Next of Friend, Sheryl Lucero Steiner; Pamela Mead, Jesse L. Mead, Evan K. Mead; Kraig N. Mead, Brian T. Mead, By and Through Their Mother and Next of Friend, Pamela Mead; Shay Tamar Tucker, By and Through Her Mother and Next Friend, Joy L. Jameson; Robert James Tucker, Paul Elliot Tucker, Karen Greene; Raymond L. Patch, Personal Representative of the Estates of Loretta M. Patch and Brenda Louise Patch; Rodney Allen Patch, Michael Kent Patch; Stacey Marie Patch, By and Through Her Conservator and Next Friend, Raymond L. Patch; Cheryl Sharp Clegg; Wendy I. Sharp, Glen W. Sharp, Amy E. Sharp, James E. Sharp, By and Through Their Mother and Next Friend, Cheryl Sharp Clegg; Linda Vetter Granato; Jennifer K. Vetter, Michael T. Vetter, By and Through Their..., 49 F.3d 607 (10th Cir. 1995)

... believe that the law of the case doctrine precludes revision of the district court's finding..., plaintiffs argue that under the good samaritan doctrine MSHA assumed a duty of care whe...

• Federal Circuits

• Richard Harrell; Charlene Harrell, Plaintiffs-Appellants, v. United States of America, Defendant-Third Party Plaintiff-Appellee, v. Patricia Ann Phillippe; Roger Phillippe, in Personam; Glastron Motor Boat, Mfg. No. 1433018, Its Engines, Apparel, Tackle, Appurtenances, Etc., in Rem, Third Party Defendants., 443 F.3d 1231 (10th Cir. 2006)

... of the crash was barred by the doctrine of sovereign immunity and, more specifically, the ...On appeal, the plaintiffs relied upon the "Good Samaritan" doctrine of Indian Towing to support th...

• Federal Circuits