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)
Back to top
Back to manual
Back to home
Contact USS Athena Webmaster