Full question:
A group of college students helped my son when his bike got hit by a bus. These guys took my son to the hospital but it seems that while they were carrying him to their car, one of the guys’ bag fell on my son's head, which made my son's head injury become worse. Can I claim damages against these guys for not handling my son properly at that time? We live in Idaho.
- Category: Helping People
- Subcategory: Good Samaritan Laws
- Date:
- State: Idaho
Answer:
You likely cannot claim damages against the individuals who helped your son. Under Idaho's Good Samaritan law, people who provide first aid in good faith at the scene of an accident are generally protected from liability, unless they acted with gross negligence. In this case, the bag falling on your son's head appears to be an accident that occurred while they were trying to assist him. The law states that immunity ends once the injured person is delivered to a hospital or under the care of medical personnel (Idaho Code § 5-330). Therefore, since the bag incident happened while they were helping, it is unlikely you can pursue a claim.This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.