civil liability of good samaritans and volunteers - Law Reform ...

most statutes grant immunity for acts of ordinary negligence 81 while excludingacts of gross negligence or wilful or wanton misconduct. 824.31 The Rhode Island 83 case of Boccasile et al v Cajun Music Ltd 84illustrates the effect of a Good Samaritan statute. The deceased was attendinga music festival and suffered a severe allergic reaction. The defendants were adoctor, a nurse and a physician‟s assistant, who had volunteered as first aidersat the music festival. The doctor and other members of the first-aid crewattended Mr. Boccasile while the nurse remained at the first-aid tent. As Mr.Boccasile could not be moved, the doctor stayed with him while the crewreturned to the first-aid tent to retrieve a single-dose adrenaline injector and toring an ambulance. After the doctor administered the drug to him, Mr. Boccasilecomplained that he felt worse. As there was no other injector the doctor tried toadminister a second dose, at which point Mr. Boccasile fell unconscious. Thedoctor began mouth-to-mouth resuscitation, while the physician‟s assistantadministered chest compressions. An ambulance arrived and the physician‟sassistant accompanied Mr. Boccasile to the hospital. Mr. Boccasile neverregained consciousness and the defendants were sued for his death. Theplaintiff asserted that when the defendants responded to the emergency, theyfailed to bring along the necessary equipment and to administer the medicationin a timely manner. In their defence, the defendants claimed that they wereprotected by the Rhode Island Good Samaritan legislation, which set a grossnegligence test for liability. While the court appears to have agreed with thedefendants, the Commission notes that the determinative factor of the case wasthe fact that the plaintiff had failed to submit sufficient evidence as to theappropriate standard of care.(c)Australia4.32 The Commission notes that recent Australian governments haveundertaken major reforms in the area of tort and, in particular, the law ofnegligence. Most of the parliaments of the different States and territories haveintroduced provisions designed to modify the law of negligence as it applies toboth Good Samaritans and volunteers. The Commission examines, in thissection, the legislative provisions relating to Good Samaritans. As with the81828384Conn Gen Stat Ann § 52-557B (2007).Del Code Ann tit. 16 § 6801(a); Ind Code Ann § 34-30-12-1 (b).R.I. Gen. Laws 9-1-27.1.694 A2d 686, 1997 RI Lexis 153 (SC Rhode Island). The Commission notes thatthis case may be equally applied to voluntary rescuers and possibly voluntaryservice providers.98