Good Samaritan Laws and School Emergency Management Training

Good Samaritan Laws

The article in the above link raised a serious question for school safety trainers.  Kathi Lilga, executive assistant to the superintendent of Mountain View Whisman School District on California was reporting to the school board about modifications to their emergency plans called "Run Hide Defend". 

The interesting part was where she commented on teachers who might hesitate to make critical decisions during an Active Shooter Incident.  The article stated, “It also means a bad call could put lives at risk, but Lilga said that should not affect staff decisions. She said they are covered by Good Samaritan laws, which prevents people from being liable for civil damages if they act in good faith to help in emergency situations.”

Now that may be true in California, although a cursory glance at California's "Good Samaritan Law" did not seem to support this statement.  I emailed Dr. Dave Emmert, Chief Counsel for the Indiana School Boards Association, and asked him about Indiana's "Good Samaritan Laws".

He responded, in part, "It would not apply to an emergency situation such as a shooting at school, unless the school employee is rendering emergency medical-type care to an already injured person. In other words, it does not apply to an employee who decides to hit a shooter over the head with a hammer."  He went on to write, "If an employee negligently makes a decision during a shooting that results in further harm to persons, there is no immunity, and the school would be liable in damages."

So in Indiana, employees are not given immunity from liability for their decisions during an Active Shooter Incident, nor are schools given immunity for the training they give their employees.  it is important that schools, and school safety trainers, check with pertinent state laws to see what liabilities they may face.