What is the Good Samaritan Law – Are Your Actions Covered?

The Good Samaritan law was created to encourage bystanders to assist others in need before emergency paramedics arrive. If you were involved in an accident and needed help, other bystanders may come and assist you without legal consequence.

Originally, the Good Samaritan law was used for doctors or those working in the medical field to assist with injuries outside their scope of employment.

The law now applies to other bystanders, not in the medical field, and protects them from being sued for negligence or misconduct.

Not every action is covered by Good Samaritan Law, and it’s important to know these exceptions before you act. To help clarify your case, consider talking to a personal injury attorney.

What is the Purpose of the Good Samaritan Law?

The general purpose of Good Samaritan law is to protect individuals helping in emergencies from carrying liability for their actions. The primary goal is to motivate people to help injured people when they have the capacity to do good.

This often pertains to personal injury cases where the Good Samaritan law protects against ordinary negligence—failure to act with a degree of care that a reasonable person would use in the same situation.

In western nations such as the U.S., there is a moral duty to stop and offer assistance rather than enforce a legal requirement. Each state enacts Good Samaritan Law with slight differences in their provisions.

What are the 4 Components of Good Samaritan Law?

The four core components of Good Samaritan law follow these steps:

1. A duty to assist—motivating individuals to assist those in need during emergencies.
2. A standard of care—individuals must help within a reasonable level of skill and care. If you’re unsure what to do in emergencies, you should not attempt to help. You call 911 and wait for professional help to arrive.
3. Voluntary action—there are no legal obligations to act and people may voluntarily assist those in need unless your state’s jurisdiction says otherwise.
4. Immune to liability—provides legal protection to individuals who act in good faith and are protected from civil and negligence liability resulting from their actions. As long as the person acts within reason and the scope of their training, they are protected by this law.

You should always ask for permission before helping an injured person who is conscious.

If they’re unconscious, that gives implied consent for anyone to help. It’s better to assess the situation before providing assistance.

If there’s evidence of negligent behavior when someone attempts to act in good faith, they may be held liable for damages or injuries sustained by the victim.

Examples of Good Samaritan Law in Action

Some scenarios for attempting to be a Good Samaritan may be common under medical emergencies, auto accidents, drug overdoses, and other sudden accidents. Below are some common scenarios of Good Samaritan Law in action.

1. Medical Emergencies

Under the Good Samaritan Law, it’s voluntary to step up and help during medical emergencies. For instance, if someone suffered a heavy fall, you may apply first aid or administer medication if able before authorities arrive.

In private homes, if your neighbor injures themselves or is ill, you may attempt to help with the homeowner’s consent.

2. Drug Overdoses

Under the Good Samaritan Law, you may provide overdose-reversal medications and naloxone for those suffering from a drug overdose.

You may also attempt CPR if you’re certified or place them in a recovery position. This involves laying their body laterally on the ground and keeping their airway open.

A person may have panic attacks or attempt to harm themselves under a drug overdose. As a Good Samaritan, you can calm them down, provide emotional support, and connect them to a mental health resource without suffering liability.

3. Sudden Accidents

Sudden accidents can happen anywhere, and the most common ones are auto accidents. You may help the driver and passengers out of the car before calling 911 under Good Samaritan Law. Other sudden accidents can happen like a fire in a building or other natural disasters.

Sometimes, there’s a limit to what you can do in these situations, so calling for professional help or the police would be the safest option.

4. Cardiopulmonary Resuscitation (CPR)

In some medical emergencies, a person’s heart can stop beating. Under the Good Samaritan law, you may attempt CPR if you’re certified.

Be careful though, as success rates for out-of-hospital CPR is extremely low, around 10%. There is a higher likelihood to succeed if CPR is done immediately.

If you’re not trained, you can have one hand grasp the other, and push hard and fast on the center of the chest 100-120 times per minute.

This method may apply to adults, children, and infants. However, newborns up to 4 weeks old require a different technique. You may consult with a medical professional if you want more advice on performing CPR on newborns.

Attempting CPR with a DNR order can lead to major legal consequences for the person trying to be a Good Samaritan. A DNR order may prevent you from performing CPR on a person that explicitly says not to do so under any circumstance.

What is Not Protected Under Good Samaritan Law?

If there’s evidence you were reckless or failed to act within a reasonable level of care, you may not be protected under Good Samaritan Law. A lack of consent from the hurting individual may bar you from protection as well.

Also, as mentioned, a do-not-resuscitate order may not protect you under Good Samaritan law. Therefore, always assess the situation before attempting to help.

What if the Rescuer Acts Negligently?

Rescuers who act negligently may be held responsible for damages or injuries caused by their actions under Good Samaritan Law. You may lose protection under Good Samaritan Law if you acted grossly negligent—worsening the situation due to your reckless actions.

Talk to a Personal Injury Attorney About Your Case

Learn more about the Good Samaritan law and talk with a personal injury attorney. LegalASAP can help you find the right professional near you that suits your case.

Our network of firms spread across the U.S. and has thousands of experienced attorneys who can help with your case.

Fill out a quick and short consultation form here, and we’ll do our best to respond to your claim and see if you qualify. Call 888-927-3080 if you have additional questions or concerns that cannot wait.