You probably know someone with a story about how they had a medical emergency, and a stranger stepped up to help. One of the best things about humanity is the urge to care for strangers. Good Samaritan laws are rules to protect kind-hearted people from legal action for helping someone else.
Of course, sometimes, people who say they want to help can actually hurt others. That’s when things get complicated. Here’s what you need to know about good Samaritan laws and what to do if you’ve been hurt by someone who was trying to help.
What Is a “Good Samaritan” in US Law?
“Good Samaritans” are people who’ve taken the time out of their day to try to help someone in an emergency. Typically, the term good Samaritan is used in reference to people who perform voluntary care or rescue for people in emergency medical situations. The name comes from a Bible parable in which a Samaritan man helps someone he finds beaten along the side of the road despite cost and risk to himself.
Good Samaritans can take many forms. For instance, someone who performs CPR on a person suffering a heart attack in an airport is a good Samaritan. Similarly, a person who tries to rescue someone from drowning in a lifeguard-free pool or who performs the Heimlich maneuver on someone choking in a restaurant is also a good Samaritan.
The problem is that the average person isn’t trained for all of these situations like a medical provider. Even people who have taken rescue medicine classes may not remember exactly how to do chest compressions or the Heimlich maneuver properly. Unfortunately, some people who try to rescue others actually make the situation worse. They could cause injuries or get hurt themselves. In fact, even in the best-case scenario, CPR frequently causes rib fractures.
People who try to help someone else and fail are still considered “good Samaritans,” however. The question becomes this: how should people and the law react toward these would-be rescuers who caused harm?
Balancing Neglect, Recklessness, and Safety
Imagine you’re in a public place and have a medical emergency. Maybe you’re choking on food, or perhaps you have a seizure or a heart attack. Something terrible is happening to you, and you need help immediately.
But no one does. You’re surrounded by people, but none of them move to help. Why? Because they’re all too scared of legal consequences to help you. That sounds bad, right?
That’s why Good Samaritan laws exist. These laws are intended to protect people who try to help others in an emergency. It’s considered good public policy to avoid discouraging people from helping each other. If the law allows someone to sue their rescuer for bruising them while saving their life, people become a lot less likely to do good deeds and save lives.
Still, good Samaritan laws need to balance other concerns. Governments don’t want to discourage people from helping, but they do want to prevent people from behaving recklessly during a “rescue.” That’s why states like California have limits on their good Samaritan protections. The state’s law specifies that “No person who in good faith, and not for compensation, renders emergency medical or nonmedical care at the scene of an emergency shall be liable for any civil damages resulting from any act or omission.”
This lists a few critical details. First, the person who’s performing the medical care must do it “in good faith.” This means that they have to genuinely believe what they’re doing is helping and that it’s genuinely an emergency. Performing the Heimlich on someone else as a joke and hurting them is not protected by the law.
Second, it must be an emergency. While emergencies are not defined in the law, they are defined by precedent. In general, acute medical problems, car accidents, house fires, and other events a reasonable person might consider an emergency qualify. This means that someone who tries to provide care during a non-emergency situation can still be held liable. For instance, if someone tries to provide medical care for someone that could have waited for medical attention and caused harm, they aren’t protected by California’s law.
Finally, the “not for compensation” line specifically exempts most medical workers. If you’re in an emergency room or other clinical setting and a medical worker harms you, then they can still be held liable for your injuries.
What to Do When Helpers Actually Hurt
So what are you supposed to do if someone harmed you during a supposed “rescue?” Good Samaritan laws don’t mean you’re out of luck. You can take several steps that will help you make your case that they should be held liable.
- Get their contact information. You should immediately get the name and contact information of the person who harmed you. Without these details, you can’t pursue any claims.
- Document their actions. Write down what you remember from the incident as quickly as possible. If you can, find witnesses who saw the other person’s actions, too. This provides substantial evidence for your claims.
- Document your injuries. The other evidence you need is proof that you were injured because of the rescue, not the emergency. It’s best to go to the doctor as quickly as possible to have them document your injuries.
Know When Good Intentions Aren’t Enough
Sometimes, people hurt the ones they’re trying to help. It’s an unfortunate fact of life. If you’ve been hurt by someone trying to “rescue” you, you may be able to hold them accountable for their actions. However, before you take legal action, you should consult with a lawyer to discuss your situation.
Good Samaritan laws may prevent you from taking action against the person who hurt you, with certain exceptions. A personal injury lawyer will help you determine whether these laws apply to your situation and if any exemptions apply. More importantly, they can help you navigate the legal system to fight your case. Get in touch today to start the process of holding the person who hurt you accountable for their actions.
