• Texas Statute Trumps the "Good Samaritan" Rule
  • May 2, 2003 | Author: Fred A. Simpson
  • Law Firm: Jackson Walker L.L.P. - Houston Office
  • Injured plaintiffs frequently assert the "Good Samaritan" rule (or doctrine) in contemporary tort claims. Grievances often focus on workplace injury from asbestos, silica, or other hazardous wastes, where plaintiff/workers find inadequate statutory recovery under workers compensation law. Injured employees, of course, cannot sue their employers because their exclusive remedy is mandated by Texas workers' compensation statutes. However, those employees look for third party culprits, or for good Samaritans.