Underneath the Golden Boy - Robson Hall Faculty of Law

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116 Underneath the Golden Boy
The Good Samaritan Protection Act: You Can Lead a Horse to Water, but You Can’t Make it Drink KATHRINE BASARAB I. INTRODUCTION W hen faced with an emergency, many people fear making a bad situation demonstrably worse. The idea that “if I do nothing, it’s not my fault if it gets worse” is imbedded in the minds of many Manitobans—and rightly so. There is no positive duty for persons to act when faced with a crisis. What Manitobans are afraid of is the common-law principle that governs assistance in situations where a person has already suffered an injury. Though all law students learn this common law principle in their first year at law school, there may be people unfamiliar with the concept, and it bears repeating here. Individuals who provide assistance in emergencies can be held liable if their attempt to provide relief exacerbates existing injuries or inflicts new injuries. 1 While would-be rescuers may not turn their mind to the fact at the time, if they make the situation worse, they could be sued for negligence and damages could be awarded to the extent that they made an existing medical emergency worse. Enter The Good Samaritan Protection Act. 2 Legislators specifically designed this bill to provide partial immunity from liability to those providing emergency assistance, except in cases of gross negligence. Both the Liberal Party of Manitoba (Liberal(s)) and the New Democratic Party of Manitoba (NDP) went to great pains to pass Good Samaritan legislation. After some negotiation, legislators resolved that there would be bipartisan movement on the bill sponsored by the NDP member, and Bill 214 ultimately became law on 7 December 2006. 3 There are, however, serious questions as to whether such legislation was truly necessary. This paper will provide a history of Manitoba’s 1 Manitoba, Legislative Assembly, Debates and Proceedings, Vol. LVIII No. 14A (5 December 2006) at 487. [Debates (5 December 2006)] 2 C.C.S.M. c. G65. 3 Ibid.
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Appendix A Bills Passed in the 1 st
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Underneath the Golden Boy - Robson Hall Faculty of Law

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