Legal Definitions - good-samaritan law

Good Samaritan law refers to a type of statute designed to protect individuals who voluntarily provide assistance to others in an emergency.

Specifically, these laws shield a person from legal liability for injuries or damages that might unintentionally occur while they are attempting to help someone who is in immediate danger. The protection generally applies when the aid is rendered in good faith, without expectation of payment, and the rescuer does not act with gross negligence or willful misconduct. The primary purpose of Good Samaritan laws is to encourage people to offer help during emergencies without fear of being sued if their efforts, despite good intentions, inadvertently cause harm.

• Example 1: Bystander CPR

  Imagine a person collapses suddenly in a public park, appearing to have a heart attack. A bystander, who has basic first aid training, immediately begins performing cardiopulmonary resuscitation (CPR). During the chest compressions, the collapsed individual's rib is accidentally fractured. Under a Good Samaritan law, the bystander would likely be protected from a lawsuit for the broken rib, as they were acting in an emergency to save a life and did not intend to cause harm.

• Example 2: Preventing a Traffic Accident

  Consider a situation where a small child suddenly darts into a busy street, directly into the path of an oncoming car. A pedestrian quickly reacts, grabbing the child to pull them back to safety. In the hurried action, the child stumbles and scrapes their knee. The Good Samaritan law would protect the pedestrian from liability for the child's scraped knee, recognizing that their intervention was a good-faith effort to prevent a much more serious injury or fatality.

• Example 3: Choking Emergency in a Restaurant

  Suppose a diner at a restaurant begins to choke severely on food, unable to breathe. Another diner, seeing the distress, quickly steps in and performs the Heimlich maneuver. While the maneuver successfully dislodges the obstruction, the choking person experiences some bruising around their abdomen afterward. The Good Samaritan law would typically protect the rescuer from a claim of negligence or battery for the bruising, as they acted promptly and in good faith to address a life-threatening emergency.