Full question:
My son while playing in the children park fell from one of the swings and got injured. A person who claimed to be a member of the American Red Cross came to help my son and gave him first aid. Later when I took my son to the doc, I was told that my son’s bandage was not properly done and due to this, his injury had become much more serious. Can I sue this guy for not treating my son properly.
- Category: Helping People
- Subcategory: Good Samaritan Laws
- Date:
- State: Illinois
Answer:
You generally cannot sue the person who provided first aid to your son. If this individual is a member of the American Red Cross and acted in good faith during a medical emergency, they are typically protected from liability. According to Illinois law, individuals certified in first aid who offer help without compensation are not liable for damages unless their actions were willful and wanton (745 ILCS 49/67).
To pursue a claim against this person, you would need to prove that they did not act in good faith or that they intentionally provided improper treatment. However, simply having an inadequate bandage does not meet this standard. The law encourages individuals to assist others in emergencies and provides immunity to those who do so responsibly.
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.