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 Good Samaritan Law across Europe"
DAN Legal Network. The protection is intended to reduce bystanders' hesitation to assist, for fear of being sued or prosecuted for unintentional injury or

wrongful death Wrongful death claim is a claim against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. In wrongful death cases, survivors are compensated for the harm, ...

. An example of such a law in common-law areas of Canada: a Good Samaritan

doctrine Doctrine (from la, doctrina, meaning "teaching, instruction") is a codification of beliefs or a body of teachings or instructions, taught principles or positions, as the essence of teachings in a given branch of knowledge or in a belief syste ...

is a

legal principle A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling ...

that prevents a rescuer who has voluntarily helped a victim in distress from being successfully sued for wrongdoing. Its purpose is to keep people from being reluctant to help a stranger in need for fear of legal repercussions should they make some mistake in treatment. By contrast, a

duty to rescue A duty to rescue is a concept in tort law that arises in a number of cases, describing a circumstance in which a party A party is a gathering of people who have been invited by a host for the purposes of socializing, conversation, re ...

law requires people to offer assistance and holds those who fail to do so liable. Good Samaritan laws may vary from jurisdiction to jurisdiction, as do their interactions with various other legal principles, such as

consent Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions as used in such fields as the law, medicine, research, and sexual relationships. Consent as und ...

, parental rights and the right to refuse treatment. Most such laws do not apply to medical professionals' or career emergency responders' on-the-job conduct, but some extend protection to professional rescuers when they are acting in a volunteer capacity. The principles contained in Good Samaritan laws more typically operate in countries in which the foundation of the legal system is

English common law English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, be ...

, such as Australia. In many countries that use civil law as the foundation for their legal systems, the same legal effect is more typically achieved using a principle of duty to rescue. Good Samaritan laws take their name from a parable found in the Bible, attributed to Jesus, commonly referred to as the

Parable of the Good Samaritan The parable of the Good Samaritan is told by Jesus in the Gospel of Luke. It is about a traveler (implicitly understood to be Jewish) who is stripped of clothing, beaten, and left half dead alongside the road. First, a Jewish priest and then ...

which is contained in

Luke People *Luke (given name), a masculine given name (including a list of people and characters with the name) *Luke (surname) (including a list of people and characters with the name) *Luke the Evangelist, author of the Gospel of Luke. Also known as ...

10:29–37. It recounts the aid given by a traveller from the area known as

Samaria Samaria (; he, שֹׁמְרוֹן, translit=Šōmrōn, ar, السامرة, translit=as-Sāmirah) is the historic and biblical name used for the central region of Palestine, bordered by Judea to the south and Galilee to the north. The first ...

to another traveller of a conflicting religious and ethnic background who had been beaten and robbed by bandits.

Regions

Good Samaritan laws tend to differ by region, as each is crafted based on local interpretations of the providers protected, as well as the scope of care covered.

Australia

Most Australian states and territories have some form of Good Samaritan protection. In general, these offer protection if care is made in good faith, and the "Good Samaritan" is not impaired by drugs or alcohol. Variations exist between states, from not applying if the "Good Samaritan" is the cause of the problem (

New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...

), to applying under all circumstances if the attempt is made in good faith (

Victoria Victoria most commonly refers to: * Victoria (Australia), a state of the Commonwealth of Australia * Victoria, British Columbia, provincial capital of British Columbia, Canada * Victoria (mythology), Roman goddess of Victory * Victoria, Seychelle ...

Belgium

The Belgian Good Samaritan Law imposes on anyone who is capable to aid a legal duty to help a person, who is in great danger, without putting himself or others in serious danger (article 422bis Criminal Code).

Canada

In Canada, good Samaritan acts fall under provincial jurisdiction. Each province has its own act, such as

Ontario Ontario ( ; ) is one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central C ...

's and

British Columbia British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, ...

's respective Good Samaritan Acts,

Alberta Alberta ( ) is one of the thirteen provinces and territories of Canada. It is part of Western Canada and is one of the three prairie provinces. Alberta is bordered by British Columbia to the west, Saskatchewan to the east, the Northwest Ter ...

's Emergency Medical Aid Act, and

Nova Scotia Nova Scotia ( ; ; ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. Nova Scotia is Latin for "New Scotland". Most of the population are native Eng ...

's Volunteer Services Act. Only in

Quebec Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirtee ...

, a civil law jurisdiction, does a person have a general duty to respond, as detailed in the

Quebec Charter of Human Rights and Freedoms The ''Charter of Human Rights and Freedoms'' (french: Charte des droits et libertés de la personne), also known as the "Quebec Charter", is a statutory bill of rights and human rights code passed by the National Assembly of Quebec on June 27, 1 ...

. An example of a typical Canadian law is provided here, from Ontario's Good Samaritan Act, 2001, section 2: Yukon and Nunavut do not have good Samaritan laws.

China

There have been incidents in China, such as the '' Peng Yu incident'' in 2006, where good Samaritans who helped people injured in accidents were accused of having injured the victim themselves. In 2011, a toddler called Wang Yue was killed when she was run over by two vehicles. The entire incident was caught on a video, which shows eighteen people seeing the child but refusing to help. In a November 2011 survey, a majority, 71%, thought that the people who passed the child without helping were afraid of getting into trouble themselves. Following the event, ''

China Daily ''China Daily'' () is an English-language daily newspaper owned by the Central Propaganda Department of the Chinese Communist Party. Overview ''China Daily'' has the widest print circulation of any English-language newspaper in China. T ...

'' reported that "at least 10 Party and government departments and organizations in

Guangdong Guangdong (, ), alternatively romanized as Canton or Kwangtung, is a coastal province in South China on the north shore of the South China Sea. The capital of the province is Guangzhou. With a population of 126.01 million (as of 2020) ...

, including the province's commission on politics and law, the women's federation, the Academy of Social Sciences, and the Communist Youth League, have started discussions on punishing those who refuse to help people who clearly need it." Officials of Guangdong province, along with many lawyers and social workers, also held three days of meetings in the provincial capital of

Guangzhou Guangzhou (, ; ; or ; ), also known as Canton () and alternatively romanized as Kwongchow or Kwangchow, is the capital and largest city of Guangdong province in southern China. Located on the Pearl River about north-northwest of Hong Kon ...

to discuss the case. It was reported that various lawmakers of the province were drafting a good Samaritan law, which would "penalize people who fail to help in a situation of this type and indemnify them from lawsuits if their efforts are in vain". Legal experts and the public debated the idea in preparation for discussions and a legislative push. On 1 August 2013, the nation's first good Samaritan law went into effect in

Shenzhen Shenzhen (; ; ; ), also historically known as Sham Chun, is a major sub-provincial city and one of the special economic zones of China. The city is located on the east bank of the Pearl River estuary on the central coast of southern province ...

. On 1 October 2017, China's national Good Samaritan law came into force, Clause 184 in Civil Law General Principles.

Finland

The Finnish Rescue Act explicitly stipulates a duty to rescue as a "general duty to act" and "engage in rescue activities according to ne'sabilities". The Finnish Rescue Act thus includes a principle of proportionality which requires professionals to extend immediate aid further than laypersons. The Finnish Criminal Code stipulates:

Germany

In Germany, failure to provide first aid to a person in need is punishable under § 323c of its criminal penal code. However, any help one provides cannot and will not be prosecuted even if it made the situation worse or did not fulfill specific first aid criteria. People are thus encouraged to help in any way possible, even if the attempt is not successful. Moreover, people providing first aid are covered by the

German Statutory Accident Insurance German Statutory Accident Insurance or workers' compensation is among the oldest branches of German social insurance. Occupational accident insurance was established in Germany by statute in 1884. It is now a national, compulsory program that insur ...

in case they suffer injury, losses, or damages.

India

There were around 480,000 road accidents in India in 2016, out of which 150,000 were killed. The

Good Samaritan law 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.

Israel

In Israel, the law requires anyone to assist a person in danger or at the very least call for help. People who help in good faith are not liable for damages. Helpers are eligible for compensation for damages caused to them during their assistance.

Romania

In Romania, the health reform passed in 2006 states that persons without medical training offering basic first aid voluntarily at the indications of a medical dispatch office or from own knowledge of first aid maneuvers, acting in good will to preserve the life or health of another person cannot be held responsible under penal or civil law.

United Arab Emirates

In November 2020, the United Arab Emirates was the first Arab country to pass a Good Samaritan law.

United Kingdom

In the common law of

England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...

there is no criminal liability for failing to act in the event of another person being in danger; however, there are exceptions to this rule. In instances where there has been an assumption of responsibility by the bystander, a dangerous situation was created by them, or there is a contractual or statutory duty to act, criminal liability would be imposed on the bystander for their failure to take action. The courts are reluctant to penalize people attempting rescue. The Social Action, Responsibility and Heroism Act 2015 helps protect 'good Samaritans' when considering a claim of negligence or a breach of duty.

United States

All fifty states and the

District of Columbia ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...

have some type of Good Samaritan law. The details of good Samaritan laws/acts vary by jurisdiction, including who is protected from liability and under what circumstances. The 1998 Aviation Medical Assistance Act also provided coverage for "Good Samaritans" while in flight (Section 5b).

Countries without a Good Samaritan Law

The following countries have no Good Samaritan Law: *

Pakistan Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's fifth-most populous country, with a population of almost 243 million people, and has the world's second-lar ...

Singapore Singapore (), officially the Republic of Singapore, is a sovereign island country and city-state in maritime Southeast Asia. It lies about one degree of latitude () north of the equator, off the southern tip of the Malay Peninsula, bor ...

South Africa South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. It is bounded to the south by of coastline that stretch along the Atlantic Ocean, South Atlantic and Indian Oceans; to the ...

New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...

Common features

Good Samaritan laws often sharing different combinations or interpretations of the similar features, which vary by region.

Duty to assist

In some jurisdictions, unless a caretaker relationship (such as a parent-child or doctor-patient relationship) exists prior to the illness or injury, or the "Good Samaritan" is responsible for the existence of the illness or injury, no person is required to give aid of any sort to a victim. Good Samaritan statutes in the states of Minnesota, Vermont and Rhode Island do require a person at the scene of an emergency to provide reasonable assistance to a person in need. This assistance may be to call 9-1-1. Violation of the duty-to-assist subdivision is a petty misdemeanour in Minnesota and may warrant a fine of up to $100 in Vermont. At least five other states, including California and Nevada, have seriously considered adding duty-to-assist subdivisions to their Good Samaritan statutes. New York's law provides immunity for those who assist in an emergency.N.Y. Public Health L. §§ 3000-a, 3000-b, 3013 (McKinney 2000); see als
NY State Assembly website database of law
Accessed July 25, 2011. The

public policy Public policy is an institutionalized proposal or a decided set of elements like laws, regulations, guidelines, and actions to solve or address relevant and real-world problems, guided by a conception and often implemented by programs. Public p ...

behind the law is:

Imminent peril

Good Samaritan provisions are not universal in application. The legal principle of

imminent peril Imminent peril, or imminent danger, is an American legal concept where Imminent peril is "certain danger, immediate, and impending; menacingly close at hand, and threatening." In many states in the USA, a mere necessity for quick action does not con ...

may also apply. In the absence of imminent peril, the actions of a rescuer may be perceived by the courts to be reckless and not worthy of protection. To illustrate, a motor vehicle collision occurs, but there is no fire, no immediate life threat from injuries, and no danger of a second collision. If someone, with good intentions, causes injury by pulling the victim from the wreckage, a court may rule that Good Samaritan laws do not apply because the victim was not in imminent peril and hold the actions of the rescuer to be unnecessary and reckless.

Reward or compensation

Only

first aid First aid is the first and immediate assistance given to any person with either a minor or serious illness or injury, with care provided to preserve life, prevent the condition from worsening, or to promote recovery. It includes initial in ...

provided without the intention of reward or financial compensation is covered. Medical professionals are typically not protected by Good Samaritan laws when performing first aid in connection with their employment. Some states make specific provisions for trained medical professionals acting as volunteers and for members of volunteer rescue squads acting without expectation of remuneration. In Texas, a physician who voluntarily assisted in the delivery of an infant, and who proved that he had "no expectation of remuneration", had no liability for the infant's injuries due to allegedly ordinary negligence; there was "uncontroverted testimony that neither he nor any doctor in

Travis County Travis County is located in south central Texas. As of the 2020 census, the population was 1,290,188. It is the fifth-most populous county in Texas. Its county seat is Austin, the capital of Texas. The county was established in 1840 and is n ...

would have charged a fee to he motheror any other person under the circumstances of this case".''McIntyre v. Ramirez''
, 109 S.W.3d 741 (Tex. Sup. Ct. 2003), overturning 59 S.W.3d 821 (Tex. Ct. of Appeals) and citing Tex. Civ. Prac. & Rem. Code § 74.001 (effective in 1998, and since amended). Accessed July 25, 2011. It was significant that the doctor was not an employee of the

attending physician In the United States and Canada, an attending physician (also known as a staff physician or supervising physician) is a physician (usually an M.D. or D.O.) who has completed residency and practices medicine in a clinic or hospital, in the spec ...

, but was only visiting the hospital and had responded to a "Dr. Stork" page, and had not asked or expected to be paid.

Obligation to remain

If a responder begins rendering aid, he must not leave the scene until it is necessary to call for needed medical assistance, a rescuer of equal or higher ability takes over, or continuing to give aid is unsafe. This can be as simple as a lack of adequate protection against potential diseases, such as

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latex Latex is an emulsion (stable dispersion) of polymer microparticles in water. Latexes are found in nature, but synthetic latexes are common as well. In nature, latex is found as a milky fluid found in 10% of all flowering plants (angiosperms ...

, or nitrile gloves to protect against blood-borne pathogens. A responder is never legally compelled to take risks to aid another person. The responder is not legally liable for any harm to the person assisted, as long as the responder acted rationally, in good faith, and in accordance with their level of training.

Consent

The responder must obtain the consent of the patient, or of the legal guardian of a patient who is a minor, unless this is not possible; failing to do so may attract a charge of assault or

battery Battery most often refers to: * Electric battery, a device that provides electrical power * Battery (crime), a crime involving unlawful physical contact Battery may also refer to: Energy source *Automotive battery, a device to provide power t ...

Implied consent

Consent may be implied if an unattended patient is unconscious, delusional, intoxicated, or deemed mentally unfit to make decisions regarding his or her safety, or if the responder has a reasonable belief that this was so; courts tend to be very forgiving in adjudicating this, under the legal fiction that "peril invites rescue" (as in the

rescue doctrine In the USA, the rescue doctrine of the law of torts holds that if a tortfeasor creates a circumstance that places the tort victim in danger, the tortfeasor is liable not only for the harm caused to the victim, but also the harm caused to any per ...

). The test in most jurisdictions is that of the "average, reasonable person". To illustrate, would the average, reasonable person in any of the states described above consent to receiving assistance in these circumstances is able to make a decision? Consent may also be implied if the legal parent or guardian is not immediately reachable and the patient is not considered an adult.

Parental consent

If the victim is a minor, consent must come from a parent or guardian. However, if the legal parent or guardian is absent, unconscious, delusional, or intoxicated, consent is implied. A responder is not required to withhold life-saving treatment (e.g.,

CPR Cardiopulmonary resuscitation (CPR) is an emergency procedure consisting of chest compressions often combined with artificial ventilation in an effort to manually preserve intact brain function until further measures are taken to restore sponta ...

or the

Heimlich maneuver Abdominal thrusts, also known as the Heimlich maneuver or Heimlich manoeuvre, is a first aid procedure used to treat upper airway obstructions (or choking) by foreign objects. American doctor Henry Heimlich is often credited for its creation. ...

) from a minor if the parent or guardian will not consent. The parent or guardian is then considered neglecting the minor, and consent for treatment is implied by default because neglect has been committed. Special circumstances may exist if child abuse is suspected (the courts will usually give immunity to those first responders who report what they reasonably consider to be evidence of child abuse or neglect, similar to that given to those who have an actual duty to report such abuse, such as teachers or counsellors).

Laws for first responders only

In some jurisdictions, Good Samaritan laws only protect those who have completed basic first aid training and are certified by health organizations, such as the American Heart Association, or American Red Cross, provided that they have acted within the scope of their training. In these jurisdictions, a person who is neither trained in first aid nor certified, and who performs first aid incorrectly, can be held legally liable for errors made. In other jurisdictions any rescuer is protected from liability so long as the responder acted rationally. In Florida, paramedics, EMTs, and emergency medical responders (first responders) are required by law to act under the Duty to Act law, which requires them to stop and give aid that falls within their practice.

Comparison with duty to rescue

Good Samaritan laws may be confused with the

, as described above. U.S. and Canadian approaches to this issue differ. Under the common law, Good Samaritan laws provide a defense against torts arising from the attempted rescue. Such laws do not constitute a duty to rescue, such as exists in some civil law countries, and in the common law under certain circumstances. However, the duty to rescue where it exists may itself imply a shield from liability; for example, under the

German law The law of Germany (german: das Recht Deutschlands), that being the modern German legal system (german: Deutsches Rechtssystem), is a system of civil law which is founded on the principles laid out by the Basic Law for the Federal Republic of G ...

of '' Unterlassene Hilfeleistung'' (an offense not to provide first aid when necessary), a citizen is obliged to provide first aid when necessary and is immune from prosecution if assistance given in good faith turns out to be harmful. In Canada, all provinces with the exception of Quebec operate on the basis of

English Common Law English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, be ...

. Quebec operates a civil law system, based in part on the Napoleonic Code, and the principle of duty to rescue does apply. Similarly, in France anyone who fails to render assistance to a person in danger will be found liable before French courts (civil and criminal liability). The penalty for this offence in criminal courts is imprisonment and a fine (under article 223–6 of the Criminal Code) while in civil courts judges will order payment of pecuniary compensation to the victims. To illustrate a variation in the concept of duty to rescue, in the Canadian province of Ontario, the Occupational Health and Safety Act provides all workers with the right to refuse to perform unsafe work. There are, however, specific exceptions to this right. When the "life, health or safety of another person is at risk", then specific groups, including "police officers, firefighters, or employees of a hospital, clinic or other type of medical worker (including EMS)" are specifically excluded from the right to refuse unsafe work.

References and notes

External links

Summary of good samaritan laws for various US jurisdictions

Good Samaritan Law

{{DEFAULTSORT:Good Samaritan Law Public law First aid Medical law