The Good Samaritan Laws
Helping at the scene of an emergency often raises questions
about one's personal liability. So that people are not
discouraged from responding to emergencies, most states and the
District of Columbia have enacted laws to protect those who
respond. These laws are popularly known as Good Samaritan Laws,
based, on the parable of the man who, during a journey, aided a
stranger at the side of the road. These pages provide essential
information about Good Samaritan law. As someone who is prepared
to assist injured or ill victims, you should understand how your
state laws protect you when you provide emergency care.
What Are Good Samaritan Laws?
Good Samaritan laws are state laws enacted to give legal
protection to citizens and medical professionals who act in good
faith to provide assistance to ill or injured persons at the
scene an emergency.
What Do These Laws Mean?
Each state's laws are worded differently. However, general,
the protection the Good Samaritan laws applies to situations,
which an individual although under no legal obligation or duty to
do so. When citizens like you respond to an emergency and act as
a reasonable and prudent rescuer would under the same or similar
conditions, Good Samaritan immunity generally prevails. This
legal immunity protects you, as a rescuer, from being sued and
found financially responsible for the victim's injury. For
instance:
A reasonable and prudent rescuer, would:
- Move a victim only if the victim's life was endangered.
- Check the victim's airway, breathing, and circulation before providing further care.
- Summon professional help to the scene by calling the local emergency number or the operator.
- Continue to care for any life-threatening conditions until EMS personnel arrive.
- Ask a conscious victim for permission before giving care.
Good Samaritan laws were enacted to encourage people to help
victims whose lives may be endangered. They require only that the
"Good Samaritan" use common sense a reasonable level of skill,
not to exceed the scope of the individual's training, in
emergency situations. The "Good Samaritan" is not expected to
perform miracles or endanger his or her own life in order to
provide care. Good Samaritan immunity is not in any way dependent
on the outcome whether the victim lives or dies. It is expected
that each person would do his or her best under the circumstances
to save a life or prevent further injury or
Citizens are rarely sued for assisting at an emergency
scene. However the existence of Good Samaritan laws does not mean
you cannot be sued. These laws do not provide blanket protection
from liability.
In rare instances, courts have ruled that these laws do not
apply in cases when an individual rescuer's response was grossly
or willfully neglected or reckless, or in which the rescuer
abandoned the victim after initial care.
If you are concerned about protection under your state's
laws, find out what your state's laws say. Consult a legal
professional, or ask a librarian to help you in finding the laws
and appropriate materials referencing them at your library.
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