Torts: liability; immunity for individuals rendering emergency services who apply bleeding control; provide for. Amends 1963 PA 17 (MCL 691.1501 - 691.1507) by adding sec. 8.
Impact
If enacted, HB5743 would significantly impact state tort laws by providing a clear legal framework that encourages individuals to assist in emergencies without the fear of being sued. This change aims to foster a culture of community support where more bystanders feel empowered to take action in critical situations, potentially saving lives. The bill reinforces the state's commitment to enhancing emergency response and public health initiatives by protecting citizens who aid others in distress.
Summary
House Bill 5743 proposes an amendment to the 1963 Public Act 17, which addresses civil liability for individuals providing emergency care in certain circumstances. This new section specifically offers immunity from civil liability to individuals who voluntarily apply bleeding control measures, such as pressure, dressings, packing, or tourniquets, in response to emergency medical situations. The bill emphasizes the importance of encouraging good Samaritan actions by protecting those responding in good faith from potential legal repercussions, except in cases of gross negligence or willful misconduct.
Sentiment
The reception of HB5743 has been largely positive among legislative members, with a significant majority voting in favor of the bill during the third reading. Proponents argue that this measure is essential for public safety, as it lowers barriers for individuals to assist in emergency situations. Conversely, there may be some concerns regarding the scope of immunity and the potential for misuse; however, these concerns did not appear to dominate the discussions surrounding the bill.
Contention
While the bill primarily focuses on enhancing immunity for good Samaritans, there are nuances regarding the definitions of 'good faith' and 'gross negligence'. The introduction of this legislation highlights ongoing debates about liability protection in emergency care scenarios and raises questions on how best to delineate acceptable actions in life-threatening situations. Legislators must balance the need for legal protections with ensuring accountability in emergency actions, which could be a point of contention as the bill progresses.
Torts: liability; immunity for individuals rendering emergency services who apply bleeding control; provide for. Amends 1963 PA 17 (MCL 691.1501 - 681.1507) by adding sec. 8. TIE BAR WITH: HB 4109'25
Recreation: other; act regarding medical emergencies in health clubs; revise cross reference to the Good Samaritan Act. Amends sec. 3 of 2006 PA 23 (MCL 333.26313).
Torts: governmental immunity; governmental agency and employee liability for criminal sexual conduct; allow. Amends sec. 7 of 1964 PA 170 (MCL 691.1407) & adds sec. 7d. TIE BAR WITH: SB 1187'24
Torts: governmental immunity; governmental agency and employee liability for criminal sexual conduct; allow. Amends sec. 7 of 1964 PA 170 (MCL 691.1407) & adds sec. 7d. TIE BAR WITH: HB 4482'23
Torts: governmental immunity; liability for highway defects; clarify that governmental tort liability act applies to county road commissions. Amends sec. 2 of 1964 PA 170 (MCL 691.1402). TIE BAR WITH: HB 4940'23
Torts: governmental immunity; liability of governmental employees; revise proximate cause requirement. Amends sec. 1 & 7 of 1964 PA 170 (MCL 691.1401 & 691.1407).
Torts: governmental immunity; governmental agency and employee liability for criminal sexual conduct; allow. Amends sec. 7 of 1964 PA 170 (MCL 691.1407) & adds sec. 7d. TIE BAR WITH: SB 0257'25