Legal Definitions - Good Samaritan Rule

The Good Samaritan Rule addresses the legal responsibilities of individuals who voluntarily choose to assist someone in distress, even when they have no prior legal obligation to do so.

Generally, the law does not impose a duty on a bystander to intervene or provide aid to another person, even in an emergency, unless a special relationship exists (e.g., parent-child, doctor-patient, employer-employee) or the bystander caused the initial harm. However, if an individual, acting as a "Good Samaritan," decides to provide assistance, they then assume a legal duty to perform those services with reasonable care.

If the Good Samaritan acts negligently while providing assistance, and their negligence causes further injury to the person being helped or to a foreseeable third party, they can be held legally responsible for the harm caused. This rule also implies a duty not to leave the person in a significantly worse condition than they were before the intervention.

Here are some examples illustrating the Good Samaritan Rule:

• Example 1: Medical Intervention

  A pedestrian witnesses a person collapse on the sidewalk, appearing to suffer a heart attack. The pedestrian, who has some basic first aid training, decides to administer CPR. While performing chest compressions, they accidentally apply excessive force, resulting in a fractured rib in addition to the original medical emergency.

  Explanation: The pedestrian had no initial legal duty to help the collapsed individual. However, once they chose to intervene and perform CPR, they assumed a duty to act with reasonable care. If their technique was negligent (i.e., not what a reasonably prudent person with similar training would do) and directly caused the fractured rib, they could potentially be held liable for that additional injury under the Good Samaritan Rule.

• Example 2: Roadside Assistance

  A driver sees a car stranded on the side of the highway with a flat tire. The driver, wanting to help, pulls over and offers to change the tire. While attempting to loosen the lug nuts, they use an incorrect tool, stripping the nuts and damaging the wheel studs, making it impossible to change the tire without professional repair.

  Explanation: The driver was not legally obligated to stop and assist the stranded motorist. By offering to change the tire, they became a Good Samaritan and assumed a duty to perform the service with reasonable care. If their improper use of tools was negligent and directly led to the additional damage to the wheel studs, they could be held liable for the cost of those repairs.

• Example 3: Rescue Attempt

  During a boating trip, a passenger falls overboard into choppy waters. Another passenger, a strong swimmer, jumps in to rescue them. While attempting to pull the person back to the boat, the rescuer inadvertently pushes the struggling individual's head underwater for a prolonged period, causing them to inhale water and suffer a more severe respiratory injury than they would have from merely being in the water.

  Explanation: The rescuer had no legal duty to jump into the water to save the passenger. However, once they initiated the rescue, they assumed a duty to act with reasonable care. If their actions during the rescue were negligent and directly caused the more severe respiratory injury, they could be held liable because their intervention left the person in a worse condition than if they had not intervened or had acted carefully.