What is the Good Samaritan law?

Why these laws exist

People hesitate to help strangers for many reasons, and fear of being sued is one of them. Good Samaritan laws remove that fear for the ordinary bystander who does CPR, applies pressure to a wound or pulls someone away from a burning car. If the help is imperfect — a rib cracked during chest compressions, an arm hurt while moving someone out of danger — the law says the rescuer should not pay for it.

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 shield gross negligence or reckless conduct — attempting an improvised surgical procedure with no training, for example, or moving a person with an obvious spinal injury when there was no danger in leaving them. It does not protect someone who caused the emergency in the first place: a driver who causes a crash and then helps the victims is still liable for the crash. And it generally does not protect on-duty professionals, who are judged against their professional standard instead.

Is there a duty to help?

In most states, no. A bystander may walk past without legal consequence, however unkind that seems. A handful of states — Vermont, Minnesota and Rhode Island among them — impose a limited duty to give reasonable assistance or at least call for it, with modest fines for failing to. Separately, a duty to help does exist where there is a special relationship (a parent and child, a lifeguard on duty, a business and its customers) or where you created the danger.

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Doctors, nurses and off-duty professionals

Most statutes cover medical professionals who help off duty, outside their workplace, without pay — the nurse who stops at a roadside crash, the doctor who answers the “is there a doctor on board?” call on a flight. Federal law (the Aviation Medical Assistance Act) gives similar protection on US airlines. Once a professional is on duty or is paid, the ordinary malpractice rules apply instead.

AEDs and CPR

Every state has added specific protection for people who use an automated external defibrillator in an emergency, and many extend it to the business or school that owns the device, provided it was maintained. The machines are built to be used by untrained people, and the law encourages exactly that.

Consent and the unconscious patient

You should ask before touching a conscious adult, and a clear “no” must be respected. 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

Almost every state now has a separate overdose immunity law, often 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, some extend to probation violations — and the protection usually stops short of trafficking charges or outstanding warrants. Many states also protect people who administer naloxone.

Practical rules for bystanders

Call 911 first or have someone else call. Do only what you are trained or instructed by the dispatcher to do. Do not move an injured person unless there is an immediate danger such as fire or traffic. Stay until help arrives, then tell responders what you saw and did.

If you are ever sued after helping, notify your homeowner's or renter's insurer — many policies cover the defense.