What Are Good Samaritan Laws?
Key Takeaways:
- Good Samaritan laws protect you when providing aid in emergencies against civil claims for damages.
- Only some states require you to act in an emergency accident and to provide reasonable care.
- Good Samaritan laws generally don’t protect against injuries caused by gross negligence.
When you see someone in trouble, you may want to step in and help. However, trying to help someone else could put you in danger. If you try to do the right thing but accidentally make things worse, will you be held responsible? Good Samaritan laws usually protect you when you step in to help.
There are limits to reasonable Samaritan protections. You can face civil liability if the accident victim makes a personal injury claim. If you have questions about your Good Samaritan protections, reach out to a personal injury lawyer today.
What Is the Reason for Good Samaritan Laws?
Good Samaritan laws also are referred to as volunteer protection laws. Good Samaritan laws encourage aid by offering protection from civil claims and lawsuits for your noble efforts. After all, it is a good public policy to support the voluntary provision of medical care in emergencies.
These laws protect regular people who come to the aid of others in emergencies when first responders have not yet arrived. Good Samaritan laws may also protect emergency services and medical professionals, depending on the state. Medical personnel don’t necessarily have a duty to provide medical care when it is not part of their job.
What Are the Requirements of a Good Samaritan Law?
Good Samaritan laws protect individuals from claims of ordinary negligence for emergency care. In most jurisdictions, you will not be liable for damages if you provide emergency aid to an injured person in good faith.
For example, a restaurant patron witnesses a child choking at a table nearby. The concerned patron rushes to perform the Heimlich maneuver. The patron’s quick thinking saves the child’s life. Unfortunately, the first aid caused injuries to the child’s ribs and internal organs. The restaurant patron who saved this child’s life would likely be protected from lawsuits resulting from their good deed.
Good Samaritan acts don’t protect you in all cases of rendering aid. This does not protect against causing intentional harm, unreasonable treatment, or gross negligence. If you try to perform CPR on someone who is already breathing, it may not be reasonable emergency care.
When Are You Legally Required to Help?
In most states, you are not legally required to provide care in a medical emergency. Good Samaritan laws protect you against claims for civil damages if you do help. However, these laws don’t require you to do anything.
In some states, you may be required to help someone in need. Requirements may include:
- Duty to report an injury to the police or emergency services
- Report crimes of murder or sexual assault
- Report crimes against children and minors
- Duty to provide reasonable assistance when able
Are There Exceptions to the Good Samaritan Laws?
Some states limit good Samaritan statutes to trained rescuers, except in a possible heart attack. In Alabama, protections don’t apply unless you have training or if the injured person is suffering cardiac arrest. Oklahoma also limits its protections for untrained rescuers to control bleeding and perform CPR.
Many states limit good Samaritan law protection, so they do not apply to health care professionals or emergency responders where emergency care is usually provided. For example, an ER doctor is generally not protected by good Samaritan laws for injuries to patients inside the emergency room. In that situation, the ER doctor could be liable for professional negligence.
What Are Failure-to-Act Laws?
Louisiana, Minnesota, Rhode Island, and Vermont are states that have failure-to-act laws. These laws place a legal duty on witnesses to offer emergency help. Failing to provide reasonable assistance could result in criminal charges. These are also known as bad Samaritan laws.
In Minnesota, you must give reasonable assistance to the extent you can without danger or peril to yourself or others. Failure to assist can be a petty misdemeanor.
How Can a Personal Injury Attorney Explain Your State’s Good Samaritan Laws?
No one can predict when they will come across an emergency scene. You may never know when you need the help of a passerby after a car accident. You should know the good Samaritan laws in your state to understand what protections you have if you offer medical assistance.
If you were injured because a passerby caused additional injuries with unreasonable assistance, they may still be liable for your injuries. If a loved one died after someone provided grossly negligent care, you may have a wrongful death claim for damages. Talk to an experienced personal injury attorney about recovering compensation from injuries caused by improper medical care.
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