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What is the Good Samaritan law?

Practice area: Personal Injury · Reviewed 2026-09-22

A Good Samaritan law protects a volunteer who helps someone in an emergency from being sued for the harm their help causes. Every US state has some version. The protection covers ordinary mistakes made in good faith — it does not cover reckless behaviour, gross negligence, or helping in exchange for payment.

What the protection normally requires

  • The emergency was real and you did not cause it.
  • You acted voluntarily, without expecting to be paid.
  • You acted in good faith and within the limits of what you actually know how to do.
  • You did not abandon the person once you started, unless a professional took over or staying became unsafe.

What it does not do

It does not create a duty to help. In most states a bystander may walk past without legal consequence; a handful — Vermont, Minnesota and Rhode Island among them — impose a limited duty to give reasonable assistance or call for it. It also does not shield gross negligence, and it generally does not protect on-duty professionals, who are judged against their professional standard instead.

Consent and the unconscious patient

You should ask before touching a conscious adult. If the person is unconscious or unable to answer, consent is implied — the law assumes a reasonable person would want help. With a child, seek a parent or guardian if one is present, but implied consent covers a genuine emergency where none is.

Overdose and alcohol cases

Most states now add a separate overdose immunity law, sometimes called a 911 Good Samaritan law, which limits drug-possession charges against someone who calls for help during an overdose. What it covers varies sharply by state — some protect the caller only, some protect the person overdosing as well, and the protection usually stops short of trafficking charges.

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This page explains general rules in the United States and is not legal advice. Deadlines and definitions differ by state, and only a licensed attorney can tell you how the law applies to your own situation.