Although the name and the premise come from the biblical story, the Good Samaritan Laws in the United States are much more recent. After the first Good Samaritan Law was passed in California in 1959, every other state, and the District of Columbia, passed their own versions as well. But what exactly are Good Samaritan Laws?
What are Good Samaritan Laws?
As mentioned, Good Samaritan Laws vary from state to state, but they all have the same underlying premise: to provide legal protection to trained individuals who assist in an emergency.
Under Good Samaritan Laws, this individual would be immune from civil liability if they act in good faith, act reasonably, and do not expect compensation.
Most states have Good Samaritan Laws that legally protect individuals when calling for medical assistance for drug overdoses and drunk driving victims.
Also known as 911 Good Samaritan Laws, these provisions protect from an arrest and prosecution for low-level drug and alcohol charges if medical help is called for the victim.
Limitations to the Good Samaritan Laws
However, Good Samaritan Laws have their limitations as well.
Some exceptions to Good Samaritan Laws include:
- Committing Gross Negligence: Good Samaritan Laws don't protect those who act recklessly or intentionally harm another person while providing aid.
- Leaving the Scene: Good Samaritan Laws don't protect those who provide aid to a victim and then leave before medical help arrives and takes over.
- No Duty To Act: Good Samaritan Laws don't legally require an individual to help someone in an emergency.
- Laws Vary from State to State: Good Samaritan Laws are a patchwork of laws that differ slightly depending on where you are. You can find out how the law affects your state here.
- They May Not Cover Medical Professionals: Good Samaritan Laws don't always protect healthcare workers while on duty. However, in many states, such as Oklahoma, medical professionals are protected when providing lifesaving care to a victim who is unable to consent.
Finally, obtaining consent whenever it is possible is necessary in an emergency. Intent is usually implied, but you want to have permission to help someone if they are conscious and responsive to questions.
If the victim objects to being helped, you can face legal consequences if you continue to provide aid.
Make sure that you stay up to date on your state's laws, are properly trained, and call 911 before helping someone in an emergency.
Conclusion
In conclusion, Good Samaritan laws were enacted to encourage the general population to help others in an emergency without the fear of being sued or otherwise held legally liable. Knowing what you can and can't do under the Good Samaritan Laws just might save someone's life someday.
