Legal Definition and Related Resources of Good Samaritan

It refers to someone who renders aid in an emergency to an injured person on a voluntary basis. Usually, if a volunteer comes to the aid of an injured or ill person who is a stranger, the person giving the aid owes the stranger a duty of being reasonably careful. A person is not obligated by law to do first aid in most states, not unless it’s part of a job description. However, some states will consider it an act of negligence though, if a person doesn’t at least call for help. Generally, where an unconscious victim cannot respond, a good samaritan can help them on the grounds of implied consent. However, if the victim is conscious and can respond, a person should ask their permission to help them first.

Some states offer immunity to good samaritans, but sometimes negligence could result in a claim of negligent care if the injuries or illness were made worse by the volunteer’s negligence. Statutes typically don’t exempt a good samaritan who acts in a willful and wanton or reckless manner in providing the care, advice, or assistance. Good samaritan laws often don’t apply to a person rendering emergency care, advice, or assistance during the course or regular employment, such as services rendered by a health care provider to a patient in a health care facility.

Under the good samaritan laws which grant immunity, if the good samaritan makes an error while rendering emergency medical care, he or she cannot be held legally liable for damages in court. However, two conditions usually must be met; 1) the aid must be given at the scene of the emergency, and. 2) if the “volunteer” has other motives, such as the hope of being paid a fee or reward, then the law will not apply.

The following is an example of a state good samaritan statute:

When any doctor of medicine or dentistry, nurse, member of any organized rescue squad, member of any police or fire department, member of any organized volunteer fire department, emergency medical technician, intern or resident practicing in a hospital with training programs approved by the American Medical Association, state trooper, medical aidman functioning as a part of the military assistance to safety and traffic program, chiropractor, or public education employee gratuitously and in good faith, renders first aid or emergency care at the scene of an accident, casualty, or disaster to a person injured therein, he or she shall not be liable for any civil damages as a result of his or her acts or omissions in rendering first aid or emergency care, nor shall he or she be liable for any civil damages as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person.
Any member of the crew of a helicopter which is used in the performance of military assistance to safety and traffic programs and is engaged in the performance of emergency medical service acts shall be exempt from personal liability for any property damages caused by helicopter downwash or by persons disembarking from the helicopter.
When any physician gratuitously advises medical personnel at the scene of an emergency episode by direct voice contact, to render medical assistance based upon information received by voice or biotelemetry equipment, the actions ordered taken by the physician to sustain life or reduce disability shall not be considered liable when the actions are within the established medical procedures.
Any person who is qualified by a federal or state agency to perform mine rescue planning and recovery operations, including mine rescue instructors and mine rescue team members, and any person designated by an operator furnishing a mine rescue team to supervise, assist in planning or provide service thereto, who, in good faith, performs or fails to perform any act or service in connection with mine rescue planning and recovery operations shall not be liable for any civil damages as a result of any acts or omissions. Nothing contained in this subsection shall be construed to exempt from liability any person responsible for an overall mine rescue operation, including an operator of an affected facility and any person assuming responsibility therefor under federal or state statutes or regulations.
A person or entity, who in good faith and without compensation renders emergency care or treatment to a person suffering or appearing to suffer from cardiac arrest, which may include the use of an automated external defibrillator, shall be immune from civil liability for any personal injury as a result of care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts as an ordinary prudent person would have acted under the same or similar circumstances, except damages that may result for the gross negligence of the person rendering emergency care. This immunity shall extend to the licensed physician or medical authority who is involved in automated external defibrillator site placement, the person who provides training in CPR and the use of the automated external defibrillator, and the person or entity responsible for the site where the automated external defibrillator is located. This subsection specifically excludes from the provision of immunity any designers, manufacturers, or sellers of automated external defibrillators for any claims that may be brought against such entities based upon current law.
For example, te following is the Hawaii Good Samaritan Act:

“Any person who in good faith renders emergency care, without renumeration or expectation of renumeration, at the scene of an accident or emergency to the victim of the accident or emergency shall not be liable for any civil damages resulting from the persons acts or omission, except for such damages as may result from the persons gross negligence or wanton acts or omissions.”

Good Samaritan Rule is a doctrine of tort law rule which gives protection to a person who comes to the aid of an injured or ill person, from being sued for contributory negligence as long as the volunteer aid-giver acted with reasonable care. The Good Samaritan doctrine is used by rescuers to avoid civil liability for injuries arising from their negligence. This rule also aims to remove the fear of bystanders to attend an injured or ill person for fear of being sued for unintentional injury or wrongful death. It helps to avoid reluctance of the people to help people in distress and also can do it without any fear of legal consequences.

The main ingredients for successful invocation of the Good Samaritan doctrine are:

(1) the care rendered was performed as the result of the emergency,

(2) the initial emergency or injury was not caused by the person invoking the defense, and

(3) the emergency care was not given in a grossly negligent or reckless manner.

Good Samaritan Doctrine is a common law doctrine whereby: “a person who voluntarily assumes a duty owed by another and then breaches that duty becomes liable to one who is injured as a result of the breach.” The general maritime law, requires that the voluntary conduct must be reckless and wanton.

Synonyms of Good Samaritan

noun

• aide
• aider
• altruist
• assistant
• assister
• befriender
• benefactor
• deliverer
• donor
• giver
• helper
• helping hand
• humanitarian
• kind person
• one who gives assistance
• one who helps another
• one who renders aid
• patron
• philanthropist
• redeemer
• rescuer
• succorer
• unselfish person
• Associated Concepts: Good Samaritan Law

Browse or run a search for Good Samaritan in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Good Samaritan in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Good Samaritan in Historical Law in the Encyclopedia of Law.

Search for legal acronyms and/or abbreviations containing Good Samaritan in the Legal Abbreviations and Acronyms Dictionary.

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Vocabularies (Semantic Web Information)

“Good Samaritan Doctrine” in Maritime Law

Note: There is more information on maritime/admiralty law here.

The following is a definition of “Good Samaritan Doctrine”, produced by Tetley, in the context of admiralty law: A common law doctrine whereby: “A person who voluntarily assumes a duty owed by another and then breaches that duty beomes liable to one who is injured as a result of the breach.” See Tidewater v. Sanco 2001 AMC 2319 at p. 2335 (E.D. La. 2000), citing Indian Towing Co. v. U.S. 350 U.S. 61, 1956 AMC 27 (1955). See also sect. 324A, Restatement (Second) of Torts. The general maritime law, however, requires that the voluntary conduct be reckless and wanton. See Tetley, M.L.C., 2 Ed., 1998 at pp. 336-337; Tetley, Int’l. M. & A. L., 2003 at p. 324.

Good Samaritan in Admiralty Law

For information on good samaritan in this context, see the entry on good samaritan in the maritime law encyclopedia.