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.[1] The protection
is intended to reduce bystanders'
hesitation to assist, for fear of being sued
or prosecuted for unintentional injury or
wrongful death. An example of such a law
in common-law areas of Canada: a Good
Samaritan doctrine is a legal principle 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.[2] By contrast,
a duty to rescue law requires people to
offer assistance and holds those who fail
to do so liable.
 Legend:
Good Samaritan law
Duty to rescue law
No duty to rescue or Good Samaritan law
No duty to rescue, no data about Good
Samaritan laws

Good Samaritan laws may vary from

jurisdiction to jurisdiction, as do their
interactions with various other legal
principles, such as consent, 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, such
as Australia.[3] 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
which is contained in Luke 10:29–37. It
recounts the aid given by a traveller from
the area known as Samaria to another
traveller of a conflicting religious and
ethnic background who had been beaten
and robbed by bandits.[4]

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), to applying under all
circumstances if the attempt is made in
good faith (Victoria).[5]

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).[1]

Canada

In Canada, good Samaritan acts fall under

provincial jurisdiction. Each province has
its own act, such as Ontario's[6] and British
Columbia's[7] respective Good Samaritan
Acts, Alberta's, Northwest Territories (http
s://www.justice.gov.nt.ca/en/files/legislati
on/emergency-medical-aid/emergency-me
dical-aid.a.pdf) , Yukon (https://laws.yuko
n.ca/cms/images/LEGISLATION/PRINCIP
AL/2002/2002-0070/2002-0070.pdf) 's
and Nunavut (https://www.nunavutlegislati
on.ca/en/consolidated-law/emergency-me
dical-aid-act-consolidation) 's Emergency
Medical Aid Acts,[8] and Nova Scotia's
Volunteer Services Act.[9] Only in Quebec, a
civil law jurisdiction, does a person have a
general duty to respond, as detailed in the
Quebec Charter of Human Rights and
Freedoms.[10][11]

An example of a typical Canadian law is

provided here, from Ontario's Good
Samaritan Act, 2001, section 2:

Protection from liability

2. (1) Despite the rules of
common law, a person described
in subsection (2) who
voluntarily and without
reasonable expectation of
compensation or reward
provides the services described
in that subsection is not liable
for damages that result from the
person's negligence in acting or
failing to act while providing the
services, unless it is established
that the damages were caused
 by the gross negligence of the
person. 2001, c. 2, s. 2 (1).[12]

China

There have been incidents in China, such

as the Peng Yu incident in 2006,[13][14]
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.[15] Following the
event, China Daily reported that "at least 10
Party and government departments and
organizations in Guangdong, 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."[16] Officials of
Guangdong province, along with many
lawyers and social workers, also held three
days of meetings in the provincial capital
of Guangzhou 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".[17] Legal experts and
the public debated the idea in preparation
for discussions and a legislative push.[18]
On 1 August 2013, the nation's first good
Samaritan law went into effect in
Shenzhen.[19] On 1 October 2017, China's
national Good Samaritan law came into
force, Clause 184 in Civil Law General
Principles.[20]
Finland

The Finnish Rescue Act explicitly

stipulates a duty to rescue as a "general
duty to act" and "engage in rescue
activities according to [one's] abilities".
The Finnish Rescue Act thus includes a
principle of proportionality which requires
professionals to extend immediate aid
further than laypersons.

The Finnish Criminal Code[21] stipulates:

Section 15 – Neglect of rescue

(578/1995)
A person who knows that
another is in mortal danger or
serious danger to his or her
health, and does not give or
procure such assistance that in
view of his or her options and
the nature of the situation can
reasonably be expected, shall be
sentenced for neglect of rescue
to a fine or to imprisonment for
at most six months.
France

In France, the law requires anyone to

assist a person in danger or at the very
least call for help. People who help are not
liable for damages except if the damages
are intentional or caused by a "strong"
mistake.[22][23]

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.[24] Moreover,
people providing first aid are covered by
the German Statutory Accident Insurance
in case they suffer injury, losses, or
damages.[25]

India

There were around 480,000 road accidents

in India in 2016, in which 150,000 people
were killed. The Good Samaritan law gives
legal protection to the good samaritans
who help accidents victims with
emergency medical care within the 'Golden
Hour'. People are thus encouraged to help
in any way possible, even if the attempt is
not successful.[26]

Ireland

The Civil Law (Miscellaneous Provisions)

Act of 2011[27] introduced legislation
specifically addressing the liability of
citizen good Samaritans or volunteers in
the Republic of Ireland, without introducing
a duty to intervene. This act provides for
exemption from liability for a person, or
voluntary organization, for anything done
while providing "assistance, advice or
care" to a person who is injured, in serious
risk or danger of becoming injured or
developing an illness (or apparently so).
There are exclusions for cases of "bad
faith" or "gross negligence" on behalf of
the carer, and incidents relating to the
negligent use of motor vehicles. This Act
only addresses situations where there is
no duty of care owed by the good
Samaritan or the volunteer.

The pre-hospital emergency care council

(PHECC) specifically addresses the good
Samaritan section of the Civil Law Act of
2011 and states that "The use of skills and
medications restricted to Registered
Practitioners would be covered under the
'Good Samaritan' Act. This Act assumes
that you had no intention to practice
during this time and that you acted as a
Good Samaritan, assisting until the
Emergency Services arrive on scene and
you can hand over."[28]

Japan

In Japan, there are some laws that serve

as an equivalent to Good Samaritan laws,
for example, article 37 of the penal code,
states that:
"An act a person was compelled to take to
avert a present danger to the life, body,
liberty or property of oneself or any other
person is not punishable only when the
harm produced by such act does not
exceed the harm to be averted; provided,
however, that an act causing excessive
harm may lead to the punishment being
reduced or may exculpate the offender in
light of the circumstances."[29]

Another japanese Good Samaritan law

appears in Article 698 of the Japanese
civil code, where the law offers the helper
protection from liability stating that:
"If a manager engages in benevolent
intervention in another's business in order
to allow a principal to escape imminent
danger to the principal's person,
reputation, or property, the manager is not
liable to compensate for damage resulting
from this unless the manager has acted in
bad faith or with gross negligence."[30]

However there is an exception, because in

Japan health professionals are subject to
Duty to Rescue Laws, instead of the good
samaritan laws which are applied to other
citizens.[31]
Palestine

In Palestine, 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.[32]

United Kingdom

In the common law of England and Wales

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. In England and Wales,
the Social Action, Responsibility and
Heroism Act 2015 helps protect 'good
Samaritans' when considering a claim of
negligence or a breach of duty.[33] This act
is one of the shorter pieces of legislation
in the UK with a length of just above 300
words, has thus far never been cited in
court since becoming law, and is
considered to be vague. The Labour Party
at the time of the laws passing criticized it
for being valuable in concept but lacking
an earnest effort.

United States

All fifty states and the District of Columbia

have some type of Good Samaritan law.
The details of good Samaritan laws vary
by jurisdiction, including who is protected
from liability and under what
circumstances.[34]
The 1998 Aviation Medical Assistance Act
also provided coverage for "Good
Samaritans" while in flight.[35]

Countries without a Good

Samaritan law
The following countries have no Good
Samaritan law:

Pakistan[36]
South Africa[37]
New Zealand[38]
Singapore[39]
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,[40] Vermont[41] and Rhode
Island[42] 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.[43] New York's
law provides immunity for those who
assist in an emergency.[44] The public
policy behind the law is:
The furnishing of medical
assistance in an emergency is a
matter of vital concern affecting
the public health, safety and
welfare. Prehospital emergency
medical care, the provision of
prompt and effective
communication among
ambulances and hospitals[,] and
safe and effective care and
transportation of the sick and
injured are essential public
health services.
 — N.Y. Public Health L. §
3000.[45]

Imminent peril

Good Samaritan provisions are not

universal in application. The legal principle
of imminent peril may also apply.[46] 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.[47][48]

Reward or compensation

Only first aid 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.[49]
Some states make specific provisions for
trained medical professionals acting as
volunteers and for members of volunteer
rescue squads acting without expectation
of remuneration.[44][50] 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 would have
charged a fee to [the mother] or any other
person under the circumstances of this
case".[51] It was significant that the doctor
was not an employee of the attending
physician, but was only visiting the
hospital and had responded to a "Dr. Stork"
page, and had not asked or expected to be
paid.[51]

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 vinyl, latex, 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.[52]

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.
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).[53] 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 or the Heimlich maneuver) 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).[54]
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.[55] 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 duty to rescue, 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,[56] 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 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. Quebec operates a civil law
system, based in part on the Napoleonic
Code, and the principle of duty to rescue
does apply.[57] 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.[58]

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.[59]

See also
Bystander effect
Duty to rescue
Medical amnesty policy
Sanhedrin (tractate)

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{{cite web}}: Missing or empty
|title= (help)
24. (in German) § 323c (https://www.gesetze-i
m-internet.de/stgb/__323c.html)
Unterlassene Hilfeleistung
(Strafgesetzbuch – stgb) [Omission to
effect an easy rescue]. (in English) English
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samaritans, volunteers and volunteer
organisations (No. 23 of 2011, s. 4 (http://w
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34. The laws include: Maryland Courts and
Judicial Proceedings Code § 5-603; VA §
8.01-225; NC § 20-166 and § 90-21.14; SC
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35. "AMAA". Act of 1998 (https://www.gpo.gov/
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36. Need for Good Samaritan law (https://tribu
ne.com.pk/story/2343142/need-for-good-s
amaritan-law) , 12 February 2022
37. How and when to be a Good Samaritan (htt
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38. Bell, Ross (2015-08-31). "New Zealand
needs to do more to tackle overdose
problem" (https://www.stuff.co.nz/dominio
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39. "Written Answer by Minister for Law, K
Shanmugam, to Parliamentary Question on
the introduction of a Good Samaritan law in
Singapore" (https://www.mlaw.gov.sg/new
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Singapore Ministry of Law. 14 February
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40. 604A.01 MINNESOTA GOOD SAMARITAN
LAW (https://www.revisor.mn.gov/statute
s/?id=604A.01&format=pdf) Retrieved 6
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41. "Vermont Good Samaritan Law" (http://ww
w.cprinstructor.com/VT-GS.htm) . Retrieved
2008-10-17.
42. Rhode Island Chapter 11-56-1 – Duty to
assist. (https://law.justia.com/codes/rhode
-island/2012/title-11/chapter-11-56/chapte
r-11-56-1) Retrieved 6 February 2019.
43. Lyons, Donna (1999-03-01). "Help Your
Neighbor—It's the Law" (https://archive.tod
ay/20070907234121/http://www.ncsl.org/p
rograms/pubs/399HELP.HTM) . State
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P.HTM) on 2007-09-07. Retrieved
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44. N.Y. Public Health L. §§ 3000-a, 3000-b,
3013 (McKinney 2000); see also NY State
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ublic.leginfo.state.ny.us/menugetf.cgi?CO
MMONQUERY=LAWS) . Accessed July 25,
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45. N.Y. Public Health L. § 3000 (McKinney
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database of law (http://public.leginfo.state.
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46. "What is the Good Samaritan Law?
(essortment website)" (https://web.archive.
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tm) on 2008-12-05. Retrieved 2008-10-16.
47. "Good Samaritan law may not apply (USA
Today)" (https://www.usatoday.com/news/
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48. See also, California Supreme Court decision
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om/california/supreme-court/S152360.PD
F?ts=1323887050) , December 18, 2008,
with a similar fact pattern and limitation of
protection to medical personnel rendering
medical aid.
49. "RCW 4.24.300 Immunity from liability for
certain types of medical care (Washington
State Legislature website)" (http://apps.leg.
wa.gov/RCW/default.aspx?Cite=4.24.300) .
Retrieved 2008-10-17.
50. "Colorado Good Samaritan Law" (https://we
b.archive.org/web/20080723133002/http://
home.mesastate.edu/~jerry/gmnc/Colorad
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51. McIntyre v. Ramirez (http://www.supreme.c
ourts.state.tx.us/historical/2003/jun/01120
3.htm) Archived (https://web.archive.org/
web/20110928140733/http://www.suprem
e.courts.state.tx.us/historical/2003/jun/01
1203.htm) 2011-09-28 at the Wayback
Machine, 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.
52. Rolfsen, M. L. (2007). "Medical care
provided during a disaster should be
immune from liability or criminal
prosecution". The Journal of the Louisiana
State Medical Society. 159 (4): 224–225,
227–229. PMID 17987961 (https://pubme
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m/default2.asp?selected=904&bold=) .
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54. Foltin GL, Lucky C, Portelli I, et al. (June
2008). "Overcoming legal obstacles
involving the voluntary care of children who
are separated from their legal guardians
during a disaster". Pediatric Emergency
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doi:10.1097/PEC.0b013e318178c05d (http
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S2CID 24058314 (https://api.semanticscho
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ww.cga.ct.gov/lrc/recommendations/Good
SamaritanFiremansRuleFinalRpt.htm) .
Retrieved 2008-10-17.
56. Higuchi, N. (March 2008). "[Good Samaritan
Act and physicians' duty to rescue]". Nippon
Hoshasen Gijutsu Gakkai Zasshi (in
Japanese). 64 (3): 382–4.
doi:10.6009/jjrt.64.382 (https://doi.org/10.
6009%2Fjjrt.64.382) . PMID 18434681 (http
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57. "Helping Someone in Danger: Good
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n/capsules/helping-someone-in-danger-goo
d-samaritan-laws/) . Retrieved 2020-12-31.
58. Audrey Laur (March 2013). "Liabilities of
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81 (Pt 1): 31–35.
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(1990) (Ontario E-laws website)" (http://ww
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External links
Summary of good samaritan laws for
various US jurisdictions (https://web.arc
hive.org/web/20050828144432/http://w
ww.cprinstructor.com/legal.htm)
Good Samaritan Act of Ontario, 2001 (ht
tps://web.archive.org/web/2007021300
2307/http://www.canlii.org/on/laws/st
a/2001c.2/20051114/whole.html)
Good Samaritan Law (https://web.archiv
e.org/web/20140522230923/http://ww
w.iamin.in/en/good-samaritan-law)
Good Samaritan Day (http://www.goods
amaritanday.org/index.html) Archived
 (https://web.archive.org/web/20190518
230637/http://www.goodsamaritanday.
org/index.html) 2019-05-18 at the
Wayback Machine

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