what is the good samaritan law

what is the good samaritan law

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Good Samaritan laws offer legal protection to people who give reasonable assistance to those who are, or whom they believe to be injured, ill, in peril, or otherwise incapacitated. The idea behind these laws is to reduce bystanders hesitation to assist, for fear of being sued or prosecuted for unintentional injury or wrongful death. The details of Good Samaritan laws vary by jurisdiction, including who is protected from liability and under what circumstances. However, in general, Good Samaritan laws provide protection from claims of negligence for those who provide care without expectation of payment. All 50 states in the US and the District of Columbia have a Good Samaritan law, in addition to federal laws for specific circumstances. Four key elements of Good Samaritan laws are:

  • The care rendered was performed as the result of the emergency.
  • The initial emergency or injury was not caused by the volunteer.
  • The emergency care was not given by the volunteer in a grossly negligent or reckless manner.
  • The person providing care did so voluntarily.

Good Samaritan laws are meant to protect people from civil liability for injuries when an attempt has been made to aid someone needing medical attention. However, these laws do not protect persons who acted recklessly or in a negligent manner. Good Samaritan laws may or may not protect a person attempting a rescue.

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