Can a good Samaritan be held liable for failing to exercise his duty of care in the event of injury to another person?

California, United States of America


The following excerpt is from Baker v. City of Los Angeles, 188 Cal.App.3d 902, 233 Cal.Rptr. 760 (Cal. App. 1986):

The court found as a matter of law that such a special relationship existed here and gave an instruction on the voluntary assumption of a duty in aid of another, the "good Samaritan" rule. 3 The "good Samaritan" has a duty to exercise due care in rendering aid and is liable if his failure to exercise such care increases the risk of harm or if harm is suffered because of another's reliance on the undertaking." (Williams v. State (1983) 34 Cal.3d 18, 192 Cal.Rptr. 233, 664 P.2d 137.)

Was the risk of harm increased?

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