---
title: "Good Samaritan Rule"
type: Legal Rule
source: https://casebriefly.com/legal-rules/good-samaritan-rule
---

# Good Samaritan Rule

Good Samaritan statutes protect volunteer rescuers from civil liability for ordinary negligence committed while providing emergency assistance in good faith. They do not impose a duty to act.

## Definition

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.

## Elements

- The rescuer acted voluntarily without a pre-existing duty
- The rescuer provided emergency care in good faith
- The care was rendered without expectation of compensation
- The care was provided at or near the scene of the emergency
- The rescuer was not grossly negligent or reckless
- The applicable statute covers the rescuer's category and type of emergency

## Key Case

Hardingham v. United Counseling Service, 2017 VT 45 (Vt. 2017)

## Landmark Cases

| Name | Citation | Significance |
| --- | --- | --- |
| Hardingham v. United Counseling Service | 2017 VT 45 (Vt. 2017) | Interpreted Vermont's Good Samaritan statute to protect mental health professionals providing emergency assistance outside their normal scope of practice. |
| Van Horn v. Watson | 45 Cal.4th 322 (2008) | Narrowly construed California's Good Samaritan statute to apply only to medical emergency care, not to other types of rescue assistance. |
| Velazquez v. Jiminez | 172 N.J. 240 (2002) | Analyzed the scope of New Jersey's Good Samaritan statute and its interaction with the duty of a rescuer who voluntarily undertakes assistance. |

## Exam Tips

- Distinguish between Good Samaritan statutes (which provide liability protection) and duty-to-rescue rules (which impose obligations). They address opposite questions.
- Check whether the rescuer's conduct rises to the level of gross negligence — Good Samaritan protection typically does not extend to gross negligence or recklessness.
- Note the scope of the specific statute — some protect only medical professionals, while others protect anyone.
- Remember that once a voluntary rescue is begun, a duty of reasonable care attaches regardless of Good Samaritan protection.

## Common Mistakes

- Confusing Good Samaritan laws with a duty to rescue — these statutes protect rescuers from liability, they do not require anyone to act.
- Assuming Good Samaritan protection covers all types of negligence — most statutes exclude gross negligence, recklessness, and intentional misconduct.
- Applying a single Good Samaritan standard across jurisdictions — the statutes vary significantly in scope and coverage from state to state.

## Mnemonic Or Memory Aid

Good Samaritan = Good faith + Gratuitous (no pay) + not Grossly negligent. Protects the helper, does not require help.

## Related Rules

- duty-to-rescue
- duty-of-care-general
- comparative-negligence

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Source: [Good Samaritan Rule — CaseBriefly](https://casebriefly.com/legal-rules/good-samaritan-rule)