Good Samaritan Rule

Good Samaritan laws are statutes enacted in all fifty states that shield volunteer rescuers from civil liability for injuries they may cause while rendering emergency aid. The purpose of these laws is to encourage bystanders to assist those in peril by removing the fear that a rescue attempt gone wrong will lead to a lawsuit. Without such protection, potential rescuers might choose inaction over the risk of being sued for their efforts.

The scope and details of Good Samaritan statutes vary significantly by state. Most statutes protect only those who act in good faith, without expectation of compensation, and who provide care at the scene of an emergency. The protection typically extends only to acts of ordinary negligence — gross negligence, recklessness, or willful misconduct are usually excluded. Some statutes apply only to certain categories of rescuers (such as medical professionals or trained first responders), while others protect any volunteer. Many states have separate provisions for different types of emergencies, such as cardiac arrest (AED use), drug overdoses (naloxone administration), and food donations.

It is critical to understand that Good Samaritan statutes do not create a duty to rescue. They are liability shields for those who voluntarily choose to help, not mandates requiring assistance. A bystander who chooses not to help cannot be held liable under a Good Samaritan statute; the bystander simply falls under the no-duty-to-rescue rule. However, once a rescuer begins providing aid, they must continue with reasonable care and may not abandon the victim in a worse position than before the rescue attempt. The duty of reasonable care attaches upon undertaking the rescue, regardless of Good Samaritan protection.