What is Good Samaritan Law? It is identified as “someone who renders aid in an emergency to an injured on a voluntary basis. Yet, good Samaritan law, which covers all U.S. states including Hawaii and Alaska, do not exempt the good Samaritan from claims in court. Even though it does sound simple, there are a few points you must be aware of before being considered a Good Samaritan. Please remember that all 50 states including Hawaii and Alaska have their interpretations of this law. It is worth noting to take a look at the Good Samaritan Law in your corresponding state for further reference.
Reckless endangerment behavior: This law does not apply or protect the volunteer if he/she acts recklessly or being negligent so that his/her acts may further endanger the live(s) of the victim(s).
Reward: This law does not apply if the volunteer’s immediate motive is to seek some sort of a paid fee or a reward for being a Good Samaritan.
There are many differences in each of the state laws and some points worth noting are as follows:
In states such as Virginia, Pennsylvania, and Delaware cover anyone who attempts to help in an emergency situation, while other states are limited to specific situations.
Alabama’s law only extends to trained rescuers, and public education employees unless in a cardiac arrest situation. This then will cover anyone who assists the victim. You can find Alabama’s law in the in this link for further details: codes.findlaw.com/al/title-6-civil-practice/al-code-sect-6-5-332.html.
In the state of Oklahoma, the Good Samaritan law ONLY covers bystanders assisting a victim if they need CPR (Cardiopulmonary Resuscitation) or have uncontrolled bleeding. You can find furthers details at this link: www.cprinstructor.com/OK-GS.htm.
Good Samaritans Law also REQUIRES bystanders to help in the states of Vermont, Minnesota, and Rhode Island in some limited capability. This means if you witness an accident, you are required to provide some sort of help, or you can be sued for negligence. For example, the Good Samaritan Law in state of Minnesota is as follows:
604A.01 Good Samaritans Law – Duty To Assist:
A person at the scene of an emergency who knows that another person is exposed to or has suffered grave physical harm shall, to the extent that the person can do so without danger or peril to self or others, give reasonable assistance to the exposed person. Reasonable assistance may include obtaining or attempting to obtain aid from law enforcement or medical personnel. A person who violates this subdivision is guilty of a petty misdemeanor.
(Petty misdemeanor charge, if convicted, can carry a punishment of $300 USD fine).
It is worth noting that in the United States, as of 2009, ten states had laws on the books requiring that people at least notify law enforcement of and/or seek aid for strangers in peril under certain conditions: California, Florida, Hawaii, Massachusetts, Minnesota, Ohio, Rhode Island, Vermont, Washington, and Wisconsin. The following link describes fully each state’s Good Samaritan law including the Duty To Assist clause should you need further reference: recreation-law.com/2014/05/28/good-samaritan-laws-by-state/
Good Samaritan Law also extends outside the country of the United States. In addition, each country has different scopes and clauses covered to suit their respective regions. For further reference, please visit the following link: en.wikipedia.org/wiki/Good_Samaritan_law#:~:text=Good%20Samaritan%20laws%20offer%20legal,in%20peril%2C%20or%20otherwise%20incapacitated. Countries with adoptions of the Good Samaritan Law: Australia, Belgium, Canada, China, Finland, Germany, India, Ireland, Israel, Romania, and the United Kingdom.
It is good to act to help others, but when it comes to what is being covered by the Good Samaritan Law, it can be quite challenging. A good rule of thumb is to always ask a victim if he/she is conscious if they need help, and also to inform the emergency personnel for further assistance. We are in this world together, and it is imperative that we continue to help one another in times of need.
The origin of the Good Samaritan:
Luke 10:30-37:
30 In reply Jesus said: “A man was going down from Jerusalem to Jericho, when he was attacked by robbers. They stripped him of his clothes, beat him and went away, leaving him half dead. 31 A priest happened to be going down the same road, and when he saw the man, he passed by on the other side. 32 So too, a Levite, when he came to the place and saw him, passed by on the other side. 33 But a Samaritan, as he traveled, came where the man was; and when he saw him, he took pity on him. 34 He went to him and bandaged his wounds, pouring on oil and wine. Then he put the man on his own donkey, brought him to an inn and took care of him. 35 The next day he took out two denarii[c] and gave them to the innkeeper. ‘Look after him,’ he said, ‘and when I return, I will reimburse you for any extra expense you may have.’
36 “Which of these three do you think was a neighbor to the man who fell into the hands of robbers?”
37 The expert in the law replied, “The one who had mercy on him.”
Jesus told him, “Go and do likewise.”
Text:
definitions.uslegal.com/g/good-samaritans/
www.lhsfna.org/good-samaritan-laws-what-exactly-do-they-protect/
