Athena's Policy on Minors

The Athena assumes no responsibility for minors (those under age 18) not in the company of a parent or guardian. Anyone who is hurt or injured during an Athena function will be treated as covered under the Good Samaritan Law.

Good Samaritan Law

From Saunders and Schmieler publications ( http://www.sslawfirm.com/public/goodsam.htm):

October 22, 1996

The Good Samaritan doctrine is generally recognized as providing a shield from tort liability for injury and damages which may result when an actor voluntarily provides assistance, which he would not otherwise be legally obligated to do, in an emergency situation. While the spirit of the common law Good Samaritan doctrine survives, most jurisdictions have developed individual and unique codified versions of this doctrine in the form of specific statutes. The following is a comprehensive discussion of the status of the Good Samaritan statutes and interpretive case law currently existing in the States of Maryland, Virginia, West Virginia, Pennsylvania, and the District of Columbia.

VIRGINIA

The Virginia legislature has undertaken a very expansive and detailed codification of the Good Samaritan doctrine. Virginia's Code contains numerous statutory sections that are designed to provide civil liability immunity to a substantial number of narrowly defined classes of Good Samaritans who render assistance in wide array of emergency situations.

II. Emergency Medical Services:

Virginia generally provides civil liability immunity to those individuals who, in good faith, render emergency care to an injured person at the scene of an accident. Va. Code Ann. § 8.01-225 (Michie Supp. 1996). This immunity is granted as long as the person rendering the assistance is not compensated by the victim and acts in good faith. This section specifically identifies the medical situations and classes of medical personnel to which the immunity will be provided, which include: assisting a female in active labor; administering epinephrine to an individual for whom an insect sting treatment kit has been prescribed; assisting, upon request, in an accident involving liquefied petroleum gas, liquefied natural gas, hazardous material or hazardous waste; rendering emergency resuscitative treatments or procedures; and, assisting as an emergency medical care attendant or technician. Absent willful or gross negligence, this section affords the same immunity to uncompensated licensed physicians acting as the operational director for a licensed emergency medical services agency and uncompensated dispatchers working for a public or nonprofit emergency services agency.

III. Emergency Services Activities:

Individuals who, in compliance with Virginia law, render emergency services are afforded immunity from civil liability for the death or injury to any persons or damage to property sustained as a result of the rendering of emergency assistance. Va. Code Ann. § 44-146.23 (Michie Supp. 1996) This immunity will apply in all cases except those involving willful misconduct by public or private employees or their representatives. This section also provides immunity from civil liability to any person who voluntarily permits the use of their premises for the purpose of sheltering persons during a disaster, gratuitously renders aid involving their licensed, certified or other skilled employees, gratuitously services or repairs any electronic device or equipment, or renders service in a hazardous substance incident, so long as the actions do not constitute gross negligence or reckless or willful misconduct.

(Please refer to the actual document web page for the entire description of the Good Samaritan Law in VA, WV, MD, and PA)


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