Good Samaritan Law

Good Samaritan laws offer some legal protection for bystanders that help out in emergency situations. They are intended to encourage people to help, instead of standing back because they fear a lawsuit.

310 Questions
Good Samaritan Law

What is the Good Samaritan law in Montana?

Montana Good Samaritan Law

27-1-714.

Limits on liability for emergency care rendered at scene of accident or emergency.

(1) Any person licensed as a physician and surgeon under the laws of the state of Montana, any volunteer firefighter or officer of any nonprofit volunteer fire company, or any other person who in good faith renders emergency care or assistance without compensation except as provided in subsection (2) at the scene of an emergency or accident is not liable for any civil damages for acts or omissions other than damages occasioned by gross negligence or by willful or wanton acts or omissions by such person in rendering such emergency care or assistance.

(2) Subsection (1) includes a person properly trained under the laws of this state who operates an ambulance to and from the scene of an emergency or renders emergency medical treatment on a volunteer basis so long as the total reimbursement received for such volunteer services does not exceed 25% of his gross annual income or $3,000 a calendar year, whichever is greater.

(3) If a nonprofit subscription fire company refuses to fight a fire on nonsubscriber property, such refusal does not constitute gross negligence or a willful or wanton act or omission.

(En. Sec. 1, Ch. 93, L. 1963; R.C.M. 1947, 17-410; amd. Sec. 1, Ch. 390, L. 1979; amd. Sec. 1, Ch. 330, L. 1985; amd. Sec. 1, Ch. 133, L. 1987.)

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Good Samaritan Law

When did the Good Samaritan Act start?

President Clinton signed it into law in 1996 .

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Good Samaritan Law

How many states have the Good Samaritan law?

GOOD SAMARITAN LAWA principle of tort law that provides that a person who sees another individual in imminent and serious danger or peril cannot be charged with negligence if that first person attempts to aid or rescue the injured party, provided the attempt is not made recklessly.

The Good Samaritan doctrine is used by rescuers to avoid civil liability for injuries arising from their negligence. Its purpose is to encourage emergency assistance by removing the threat of liability for damage done by the assistance. However, the assistance must be reasonable; a rescuer cannot benefit from the Good Samaritan doctrine if the assistance is reckless or grossly negligent.

Four key elements support a successful invocation of the Good Samaritan doctrine: (1) the care rendered was performed as the result of the emergency, (2) the initial emergency or injury was not caused by the person invoking the defense, (3) the emergency care was not given in a grossly negligent or reckless manner, and (4) aid was given with permission whenever possible to obtain it.

STATES WITH GOOD SAMARITAN LAWSAlabama

Section 6-5-332

Alaska

SECTION 09.65.090

Arkansas

A.C.A. § 17-95-101

Arizona

A.R.S. § 9-500.02.

California

Ann.Cal.Bus. & Prof.Code §2395.

Connecticut

C.G.S.A. §52-557b.

Colorado

CRS title 13-21-108

Delaware

16 Del.C. §6801 (a)

Florida

Section 678.13 (2008) The Good Samaritan Act

Sections 678.1315 - 678.1382 (2008) Other related laws

Section 401.2915 AED use by the public

Georgia

§31-11-8

Hawaii

Sec. 663-1.5

Idaho

I.C. §5-330

Illinois

210 ILCS 50/3.150

Indiana

IC 16-31-6-1

Iowa

I.C.A. §613.17

Kansas

K.S.A. §65-2891

Kentucky

KRS §411.148

Louisiana

LSA-R.S. 37:1731

Massachusetts

5-309 Chapter 137

Maryland

Maryland Law 5-309

Maine

Title 14 164

Michigan

333.20965

Minnesota

604A.01

Mississippi

§73-25-37.

Missouri

Section 190.092

Montana

27-1-714

North Carolina

G.S. 90-21.16

North Dakota

§ 20-9-4.1

Nebraska

25-21,186

Nevada

(NRS) 41.500

New Hampshire

Section 508:12

New Mexico

24-10-3

New Jersey

2A:62A-1

New York

Article 30

Ohio

§ 2305.23

§ 4765.49

Oklahoma

Title76.Torts Section5

Title76.Torts Section5.1

Section 698.17

Title 76. Torts Section 5.4

Oregon

(ORS) 30.800

Pennsylvania

42 Pa.C.S.A. § 8 332

Rhode Island

§ 9-1-27.1

South Carolina

SECTION 15-1-310

South Dakota

§ 20-9-4.1.

Tennessee

63-6-218.

Texas

6701d

Utah

78-11-22

Virginia

H.B. 2097

Vermont

SS 519 S.283

Washington

4.24.3000

Washington DC

D.C. CODE 1981 §2-1344.

Wisconsin

895.48

West Virginia

55-7-15

Wyoming

1-1-120.

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Good Samaritan Law

What is Arkansas good samaritan law?

Depending on exactly what you looking for, if you are in the medical profession and provided medical care for someone:

Title 17 Professions, Occupations, and Businesses

Subtitle 3. Medical Professions

Chapter 95 Physicians and Surgeons

Subchapter 1 -- General Provisions

17-95-101. "Good Samaritan" law.

Title 17 Professions

Occupations, and Businesses

Subtitle 3. Medical Professions

Chapter 105 Physician Assistants

17-105-119. "Good Samaritan" provision.

Or you defended someone from the unlawful use of force:

Title 5 Criminal Offenses

Subtitle 1. General Provisions

Chapter 2 Principles of Criminal Liability

Subchapter 6 -- Justification

Title 5 Criminal Offenses

Subtitle 1. General Provisions

Chapter 2 Principles of Criminal Liability

Subchapter 6 -- Justification

5-2-614. Use of reckless or negligent force.

Or the comission of a felony:

Title 5 Criminal Offenses

Subtitle 1. General Provisions

Chapter 2 Principles of Criminal Liability

Subchapter 6 -- Justification

5-2-621. Attempting to protect persons during commission of a felony.

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Good Samaritan Law

Vermont Good Samaritan Law?

Yes, VT does have such:

The Vermont Statutes Online

Title 12: Court ProcedureChapter 23: Limitation of Time For Commencement of Actions519. Emergency medical care

§ 519. Emergency medical care

(a) A person who knows that another is exposed to grave physical harm shall, to the extent that the same can be rendered without danger or peril to himself or without interference with important duties owed to others, give reasonable assistance to the exposed person unless that assistance or care is being provided by others.

(b) A person who provides reasonable assistance in compliance with subsection (a) of this section shall not be liable in civil damages unless his acts constitute gross negligence or unless he will receive or expects to receive remuneration. Nothing contained in this subsection shall alter existing law with respect to tort liability of a practitioner of the healing arts for acts committed in the ordinary course of his practice.

(c) A person who willfully violates subsection (a) of this section shall be fined not more than $100.00. (1967, No. 309 (Adj. Sess.), §§ 2-4, eff. March 22, 1968.)

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Good Samaritan Law

Does Good Samaritan Law cover Medical Responders in NC?

List of relevant state statutes: http://www.momsteam.com/alpha/features/cardiac_awareness_center/good_samaritan_laws.shtml

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Good Samaritan Law

What countries have a good samaritan law?

USA

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Good Samaritan Law

What does the Idaho Good Samaritan Law state?

That no action shall lie or be maintained for civil damages in any court of this state against any person or persons, or group of persons, who in good faith, being at, or stopping at the scene of an accident, offers and administers first aid or medical attention to any person or persons injured in such accident unless it can be shown that the person or persons offering or administering first aid, is guilty of gross negligence in the care or treatment of said injured person or persons or has treated them in a grossly negligent manner. The immunity described herein shall cease upon delivery of the injured person to either a generally recognized hospital for treatment of ill or injured persons, or upon assumption of treatment in the office or facility of any person undertaking to treat said injured person or persons, or upon delivery of said injured person or persons into custody of an ambulance attendant.

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Does the Good Samaritan law protects people from being sued if while giving first aid the victim dies?

http://health.yahoo.com/emergency-emergencycare/dealing-with-emergencies/healthwise--emerg.html

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Good Samaritan Law

Does Virginia have a good samaritan law?

Yes. See: www.arlingtonva.us/Departments/EmergencyManagement/pdf/goodsam00.vaoems.pdf

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Good Samaritan Law

How does the Good Samaritan Law effect nurses and other medical personnel?

The good samaritan act doesnt pertain to health care workers while their in their job setting. This only applies to them if they are in the community off duty and they come across an emergency. They can only acts as a resonably prudent person would do, which includes calling 911.

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Good Samaritan Law

What is the Good Samaritan law in Michigan?

[Answer posted December 25, 2008.]

The current "Good Samaritan" law in Michigan (Liability of Certain Persons for Emergency Care, MCL Act 17 of 1963) is broken down into five parts.

Part one (MCL 691.1501) covers physicians, physician's assistants, or nurses rendering emergency care or determining fitness to engage in competitive sports. [NOTE: Applies to professionals.]

Basically, it reads: (1) that physicians, physician's assistants, or nurses who voluntarily render emergency care (where no patient relationship existed before the emergency) without compensation are protected from civil liability except for acts or omissions amounting to gross negligence or willful and wanton misconduct; (2) a physician or physician's assistants who, in good faith, perform a physical examination without compensation upon an individual to determine the individual's fitness to engage in competitive sports and who has obtained a signed form (as described in the Act) is not liable for civil damages except for acts or omissions amounting to gross negligence or willful and wanton misconduct or which are outside the scope of the license held by the physician or physician's assistant; and (3) a physician, physician's assistant, registered professional nurse, or licensed practical nurse who, in good faith, renders emergency care without compensation to an individual requiring emergency care as a result of having engaged in competitive sports is not liable for civil damages except for acts or omissions amounting to gross negligence or willful and wanton misconduct and except acts or omissions that are outside the scope of the license held by the physician, physician's assistant, registered professional nurse, or licensed practical nurse.

Part two (MCL 691.1502) covers emergency care and staffing hospital emergency facilities. [NOTE: Applies to professionals.]

Basically, it reads that if an individual's actual hospital duty does not require a response to the emergency situation, a physician, physician's assistant (where the response by the physician's assistant is within the scope of the license held by the physician's assistant or within the expertise or training of the physician's assistant), dentist, podiatrist, intern, resident, registered nurse, licensed practical nurse, registered physical therapist, clinical laboratory technologist, inhalation therapist, certified registered nurse anesthetist, x-ray technician, or paramedic, who, in good faith, responds to a life threatening emergency or responds to a request for emergency assistance in a life threatening emergency within a hospital or other licensed medical care facility, is not liable for civil damages except for an act or omission amounting to gross negligence or willful and wanton misconduct if a patient relationship did not exist prior to the emergency.

It further reiterates that the Act does not diminish a hospital's responsibility to reasonably and adequately staff hospital emergency facilities if the hospital maintains or holds out to the general public that it maintains emergency room facilities.

Part three (MCL 691.1504) covers rendering of cardiopulmonary resuscitation (CPR) and use of an automated external defibrillator.

Basically, it reads that an individual, who having no duty to do so, in good faith voluntarily renders cardiopulmonary resuscitation (CPR) to another individual is not liable in a civil action for damages except for an act or omission that constitutes gross negligence or willful and wanton misconduct. It also lists specified persons not liable in a civil action for damages except for an act or omission that constitutes gross negligence or willful and wanton misconduct for use of defibrillators.

Part four (MCL 691.1505) covers the liability of block parent volunteers.

Basically, it reads that block a parent volunteer who, in good faith and while acting as a block parent volunteer, renders assistance to a minor during an emergency shall not be liable for civil damages except for an act or omission amounting to gross negligence or willful and wanton misconduct.

Part five (MCL 691.1507) covers members of national ski patrol system rendering emergency care.

Basically, it reads that a person who is a registered member of the national ski patrol system and who, in good faith and while on patrol as a member of the national ski patrol system, renders emergency care at the scene of an emergency shall not be liable for civil damages except for acts or omissions amounting to gross negligence or willful and wanton misconduct.

There is also a current bill (House Bill 5001 (2007) (2007 HB 5001)) to amend the Act (MCL Act 17 of 1963) by adding part six so that a person who is certified as a lifeguard by the American Red Cross and who, in good faith and while on duty as a lifeguard, performs lifesaving activities or renders other emergency care is not liable for civil damages except for an act or omission that constitutes gross negligence or willful and wanton misconduct.

[NOTE: For physicians providing voluntary free care (dealing with the indigent), see also Act 368 of 1978 Section 16184 (MCL 333.16184) and Act 368 of 1978 Section 1685 (MCL 333.16185) .]

[NOTE: If the linked text in italics in the above paragraphs do not work, see: (1) Liability of Certain Persons for Emergency Care, Act 17 of 1963 at http://legislature.mi.gov/doc.aspx?mcl-Act-17-of-1963 [scroll down on that page for links to specific sections/parts of the Act]; (2) House Bill 5001 (2007) (2007 HB 5001) at http://legislature.mi.gov/doc.aspx?2007-HB-5001; and (3) The Public Health Code, Act 368 of 1978 (referenced in the note in the immediately above paragraph) at http://legislature.mi.gov/doc.aspx?mcl-Act-368-of-1978 [scroll down on that page for links to specific sections/parts of that statute/act].]

On the flip side of the coin, I did find mention at It's My Michigan that Michigan lawmakers are talking about introducing a Good Samaritan Bill that would require you to become involved with potential life threatening situations. This is not currently the law in Michigan, nor could I find any bill that has been introduced on the subject matter.

[NOTE: if the linked text in italics in the immediately above paragraph do not work, see It's My Michigan at http://www.itsmymichigan.com and the article regarding the Good Samaritan Bill at http://www.itsmymichigan.com/main/index.php?option=com_content&view=article&id=60:the-good-samaritan-bill&catid=36:who-ate-a-bowl-of-stupid.]

the goood samariton is a samaritan that is good

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Good Samaritan Law

What is the purpose of the good samaritan act?

The purpose of the good samaritan act is to protect people who injured somebody they were trying to help.

It means that rescuers cannot be sued for trying to save somebody's life.

It doesn't protect people from all lawsuits though. You have to know what you are doing and trying to do your best.

For example - If a doctor sees somebody in a restaurant having a heart attack, and goes over to give him lifesaving CPR while somebody calls 911, and in the process of giving CPR he breaks the person's ribs, he cannot be sued for breaking the guys ribs. He was doing his best in an effort to try to save somebody.

BUT, if the doctor says to himself, "you know what? I know how to perform CPR, but I think I am just going to stomp on this guys' chest to see if I can keep his heart pumping that way." The good samaritan statute will not protect him from a lawsuit.

And just so you know, people have NO affirmative duty to rescue. If you see somebody on the street who is on fire, you do not have to help him. If you see a blind guy walking in the street who is about to get hit by a bus, you do not have to help him.

You should though, because it is the right thing to do. And one more thing, if you start helping somebody, the law states that you must continue to help that person. You can be charged with negligence if you begin CPR but then get bored and walk away. Just an FYI.

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Good Samaritan Law

What is the good samaritan law in France?

the good samaritan law in France requires you to stop and help somone in need of assist if it does not endanger you.

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Good Samaritan Law

What is the good samaritan law in Ohio?

Section 2305.23 of the Ohio Revised Code (ORC) is the main law pertaining to the Good Samaritan law. This law states that no person shall be liable in civil damages for administering emergency care or treatment at the scene of an emergency outside of a hospital, doctor's office, or other place having proper medical equipment, for acts performed at the scene of such emergency, unless the acts constitute willful or wanton misconduct. There are other immunity laws set forth in ORC Chapter 2305. For example, ORC Section 2305.23.5 provides immunity to individuals using an AED. Additionally, First Responders and EMTs are provided immunity under ORC Section 4765.49.

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Nevada
Good Samaritan Law

Where is David Cash today the man that prompted the State of Nevada Good Samaritan Law?

David Cash Jr., the man that prompted the State of Nevada Good Samaritan Law, currently lives in North Redondo Beach California, and currently has a high paying job at Plains Exploration & Production Company (an oil company in CA)

To learn more read this link:

http://www.ripoffreport.com/criminal-justice-system/david-cash-jr-murder/david-cash-jr-murder-accompli-c24cc.htm

Contrary to popular belief he did NOT change his name.

Enjoy!

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Good Samaritan Law

What and To whom does good samaritan law apply?

So-called 'good samaritan' laws were written to protect persons attempting to give life-saving first aid at the scene of accidents (vehicular in particular) that inadvertently/mistakenly resulted in either death or great lasting physical harm/impairment to the person(s) saved (i.e.: passerby pulls someone from certain death in a burning car but that same effort results in the person being disabled for the rest of their life.) As long as the treatment given was not proveably criminally negligent then the "aid-giver" is protected from a liability suit.

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Good Samaritan Law

Does every state in the US have an good samaritan law?

Yes

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Good Samaritan Law

When was the Florida good Samaritan law enacted?

It was first enacted during the 2004 Legislative Session and has undergone re-wording and modification since then. For a current copy of the statute see the link below:

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Good Samaritan Law

Does Alabama Good Samaritan law protect lay rescuers?

No. Refer to Alabama law 6-5-332.

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Good Samaritan Law

What is the good samaritan law in Georgia?

It means that you can't be sued if you try to help someone who eather accepts your help or cannot answer. (like if they are knocked out) I don't think the Good Samaritan law covers giving them medication.

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Good Samaritan Law

What is the Good Samaritan Law of NH?

Good Samaritan Law: 508:12

"Emergency care: If any person, in good faith, renders emergency care at the place of the happening on an emergency, or while in transit in an ambulance or rescue vehicle to a person who is in urgent need of care as a result of the emergency, and if the acts of care are made in good faith and without willful or wanton negligence, the person

who renders the care is not liable in civil damages for his acts or omissions in rendering

the care as long as he receives no compensation for the care from or on behalf of the

person cared for, and provided further that any person rendering emergency care shall

have the duty to place the injured person under the care of a physician, nurse, or other

person qualified to care for such person as soon as possible and to obey the instructions

of such qualified person.

*Amendment - 1969 Omitted "without receiving any compensation for care" and added "as long he received no compensation for care from or on behalf of the person cared for.""

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Good Samaritan Law

What is the Good Samaritan Law for Alabama?

Yes, it is in section 6-5-32.

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Good Samaritan Law

What is Tennessee's good samaritan law?

TENNESSEE GOOD SAMARITAN LAW

Tennessee Code Annotated

63-6-218.

(a) This section shall be known and cited as the "Good Samaritan Law."

(b) Any person, including those licensed to practice medicine and surgery and including any person licensed or certified to render service ancillary thereto, or any member of a volunteer first aid, rescue or emergency squad that provides emergency public first aid and rescue services, who in good faith:

# Renders emergency care at the scene of an accident, medical emergency and/or disaster, while en route from such scene to a medical facility and while assisting medical personnel at the receiving medical facility, including use of an automated external defibrillator, to the victim or victims thereof without making any direct charge for the emergency care; or

# Participates or assists in rendering emergency care, including use of an automated external defibrillator, to persons attending or participating in performances, exhibitions, banquets, sporting events, religious or other gatherings open to the general public, with or without an admission charge, whether or not such emergency care is made available as a service, planned in advance by the promoter of the event and/or any other person or association, shall not be liable to such victims or persons receiving emergency care for any civil damages as a result of any act or omission by such person in rendering the emergency care, or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person, except such damages as may result from the gross negligence of the person rendering such emergency care.

(c) A receiving medical facility shall not be liable for any civil damages as a result of any act or omission on the part of any member of a volunteer first aid, rescue or emergency squad that provides emergency public first aid and rescue services while such person is assisting medical personnel at the receiving medical facility.

(d) If:

# A volunteer fire squad is organized by a private company for the protection of the plant and grounds of such company;

# Such squad is willing to respond and does respond to calls to provide fire protection for residents living within a six (6) mile radius of the county surrounding such plant; and

# The plant is located in a county that does not otherwise provide fire protection to such residents;

then the members of such volunteer fire squad, while providing fire protection within such area outside the plant, shall be liable to suit under the provisions of the Governmental Tort Liability Act, compiled in title 29, chapter 20, part 2.

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