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.
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
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
There is a site with all the Law's listed. You can find your updated states law's here.
I would also like to thank the An Tir Chirurgeon's Guild
for keeping these records and allowing us access.