Flyfunston

Recently a divided California Supreme Court in Van Horn v. Watson,
http://www.courtinfo.ca.gov/opinions/do ... 152360.PDF made a major revision in the State’s Good Samaritan law, H&S Code Sec. 1799.102. The law had been interpreted as providing immunity from liability to a person who in good faith provides emergency aid to another even if the emergency aid causes injury to the person. Now under Van Horn, a Good Samaritan is immune only when providing emergency medical aid but not when rescuing or transporting the victim. For example a hiker can be sued if he accidently injures a fallen hiker while moving him from the face of a cliff but is immune from liability if he breaks the hiker’s leg while providing emergency medical care.

Van Horn is relevant to Funston. If an injured pilot is in a glider perched precariously on the cliff, rescuers may want to balance the need to move the pilot with the risk of exposing themselves and their families to financial damages. Whether USHPA’s poorly written waiver or the local waiver offers protection is uncertain.

There is an indication that the California legislature will change the law restoring the old interpretation but quick action by the legislature is unlikely.

Certainly, I think the law should be changed back, but this might get more folks to adhere to Red Cross recommendations of stabilizing the victim and not trying to move them. (Recall our buddy last season who fractured his vertebrae and got up and was walking around.)

I think it would be really lame for us to leave a glider and pilot right at the cliff edge where they might blow off and really get hurt, but anyone that is hurt and already down on the face of the cliff would be best served by being secured from falling further until a rescue team on belay can get them onto a backboard.

I'll have our Safety Officer John Simpson check the locker to make sure we have enough rope and carabineers. A couple of sand anchors might be a good addition to our gear.
And, the RC guys need to leave the rescue gear in order for emergencies that don't involve downed toy planes.