Legal Definitions - Good Samaritan doctrine

The Good Samaritan doctrine is a legal principle that offers protection to individuals who voluntarily come to the aid of others in dangerous situations. In the context of personal injury law (torts), this doctrine generally prevents a rescuer from being held partially responsible for their own injuries (known as "contributory negligence") if they are hurt while attempting to save another person from a peril caused by someone else's negligence.

This protection applies under specific conditions:

• The rescuer must be attempting to help someone in imminent danger.
• The danger must have been created by the negligence of another party.
• The rescuer's attempt to help must be reasonable under the circumstances.
• The rescuer must act reasonably while performing the rescue.

Essentially, it encourages people to assist others in emergencies without fear that their efforts, if they result in injury to themselves, will automatically reduce their ability to seek compensation from the person whose initial negligence caused the danger.

Here are some examples to illustrate the Good Samaritan doctrine:

• Example 1: Workplace Hazard

  Imagine a construction worker negligently leaves a heavy stack of materials precariously balanced on a high ledge. The stack begins to topple towards another worker below. A third worker, seeing the imminent danger, rushes forward and shoves the worker out of the way, saving them from being crushed. In doing so, the rescuer twists their knee badly. If the rescuer sues the negligent worker or the construction company for their knee injury, the Good Samaritan doctrine would likely prevent the defense from arguing that the rescuer was partially at fault for rushing into a dangerous situation. The act of pushing the worker to safety was a reasonable and necessary response to an immediate threat.

• Example 2: Public Roadway Incident

  A driver, distracted by their phone, swerves off the road and crashes into a ditch, causing their car to catch fire. A passerby, witnessing the accident and seeing the driver trapped inside the burning vehicle, pulls over and bravely attempts to extract the driver. During the rescue, the passerby suffers severe burns to their hands. If the passerby sues the distracted driver for their injuries, the Good Samaritan doctrine would likely protect the passerby from claims of contributory negligence. The decision to rescue was reasonable given the immediate threat of fire, and the actions taken were aimed at saving a life.

• Example 3: Recreational Accident

  During a boating trip, a boat owner negligently fails to secure a piece of equipment, which then falls overboard and creates a large, unexpected wake. This wake causes a nearby kayaker to capsize in rough waters, and they begin to struggle. Another boater, seeing the kayaker in distress, quickly maneuvers their boat to pull the kayaker to safety. While doing so, the rescuer's boat is damaged by the waves, and the rescuer themselves suffers a minor injury from being jostled. If the rescuer seeks compensation from the negligent boat owner for their injuries and boat damage, the Good Samaritan doctrine would likely apply. The rescuer's actions were a reasonable attempt to prevent further harm to the capsized kayaker, whose peril was caused by the initial negligence of the boat owner.