Orange County Case Sheds Light on the


Risks of Rendering Aid 


Last year, the California Court of Appeal issued a decision with potential consequences for so-called “good Samaritans” who come to the aid of another in need. The case of (20 Cal. App.5th 21) arose from tragic facts unfolding in Orange County, California. A woman checked into a room at a Capistrano Beach hotel in the early evening. She did not answer her husband’s calls for several hours. He suspected that she may have been injured. The husband called the hotel and a maintenance worker went to the room, opened the door and called out to see if anyone was there. The worker reported that the room was empty. Hours later, the husband went to the hotel room  the door. She had suffered a brain aneurism.


In its decision allowing the couple’s case against the  agency) to proceed to trial, the Court of Appeal noted that ordinarily, a person has no legal duty to come to the aid of another. But if a person does come to the aid of another, and does so without exercising reasonable care, that person may be responsible for any damages caused under a “negligent undertaking” theory of liability. In other words, the court ruled that while the maintenance worker owed no duty of care to the plaintiff, the worker may have created a duty through his actions. By not entering the room to investigate, but merely observing from the threshold of the front door, the maintenance worker may have breached his duty of reasonable care and exacerbated plaintiff’s injuries.


26 January | February 2019


Such a ruling may concern anyone who has ever considered stopping to aid another in need. It is important to remember that in order to be liable for a negligent undertaking, the aid- giver’s carelessness must have either increased the victim’s risk of harm or caused the harm through inducing reliance by the victim or third parties. In the O’Malley case, plaintiff argued that the husband had relied on the maintenance worker’s representation that his wife was not in the room, which prompted him to delay going to the hotel, thereby potentially exacerbating the wife’s injuries.


Also, aid-givers rendering medical or nonmedical care at the scene of an emergency are protected from civil liability by California’s “Good Samaritan Law” (Health and Safety Code §1799.102) so long as conduct is not grossly negligent, willful or wanton. So while ordinary negligence may give rise to liability under a negligent undertaking theory in non- emergency situations, conduct must be grossly negligent, willful or wanton to subject a “good Samaritan” to liability for rendering assistance at the scene of an emergency.


There are numerous situations in which directors or managers of community associations may undertake to aid another and thereby create a duty requiring the aid- giver to act with reasonable care. Offering to check on an elderly resident or to monitor the property of an owner who is out of town are two examples which come to mind. If you are concerned that the duty will not be undertaken thoroughly, consider redirecting the requesting party to police or county authorities.


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