We receive quite a few inquiries regarding liability
concerns as they relate to providing aid to accident victims. For this reason we are
happy to provide you the following article written by Rod Brounhard from About.com.
This is one of the best summaries I have read regarding Good Samaritan Laws. Following
this article are the individual Good Samaritan Laws for your state.
Good
Samaritan Laws
How Much are You Protected by Good Samaritan Laws?
By Rod Brounhard, About.com
Updated: September 4, 2007
About.com Health's Disease and Condition content
is reviewed by our Medical Review Board
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In today's
litigious society, there can be a reluctance to help out in emergency situations. Fear of liability for any
misstep can paralyze even the most helpful good Samaritan.
The truth is that each state has laws or regulations to protect the general public from
liability during rescues or rescue attempts. Specifics about your state should be discussed
with a legal expert or attorney from your area.*
Good Samaritan laws are meant
to protect those who come to the aid of others for no other reason than kindness. Good Samaritan laws only
help if the rescuer (or would-be rescuer) is acting without any expectation of reward. In other words, if you
are getting paid to rescue then you aren't a Good Samaritan. Paid rescuers are expected to do their jobs correctly
and can be held accountable for mistakes.
Depending on the state, getting rewarded after the fact can also count as expectation of reward. If you help
someone at a car accident and then are rewarded monetarily or otherwise, you may be excluded from Good Samaritan protection.
In some states, Good Samaritan
laws only cover medically trained rescuers, while other states extend protection to the general public.
The good Samaritan concept is commonly applied in the courts, which means a case going that far may still
be ruled in favor of the rescuer who was trying to help. What Good Samaritan laws do for rescuers is provide
a get-out-of-court-free card. In other words, unpaid rescuers may prevail in court with or without a good Samaritan
law, but it's a lot cheaper if they have the protection.
The best way to protect yourself from possible liability when helping others is to always act on behalf of the
victim. That may sound obvious, but if your motivation is to be a hero and not to
Good Samaritan Laws
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