What does a typical Good Samaritan law cover?
Missouri's Good Samaritan law is typical of most states' laws.
It protects professionals in the medical field from liability if they
provide medical aid to someone outside their usual job duties. That means
that if a nurse or EMT is walking down her street some weekend, and witnesses
a car accident, she can voluntarily provide medical aid to the accident
victims to the best of her ability, and using the supplies available
at that moment, without fear of being held liable if one of the victims
later dies or suffers permanent injury. The aid must be provided in good
faith and without compensation or expected compensation.
Is there a circumstance where a medical professional could be
sued as a result of voluntary aid?
Good Samaritan laws don't prevent the Samaritan from being sued,
but they do provide a defense if the case does go to court – if
the stipulations of the Good Samaritan law hold true for that case, the
Samaritan will not be found against. However, if their actions are grossly
negligent, or a willful and wanton act of omission takes place, the Samaritan
could be held liable.
What about the average person on the street, who is not a medical
professional?
Are they covered by Good Samaritan laws?
The Missouri law goes on to say that the law covers people with some
medical or first aid training when they provide emergency aid up to the
limits of their training. If you are completely untrained, then there
isn't much you can do beyond applying pressure to a bleeding wound,
for example. In cases where a 911 operator has talked a by-stander through
basic CPR procedures, Good Samaritan laws have protected the by-stander.
What if the victim is a minor?
Missouri's Good Samaritan law provides specific protection for
people who render aid to an accident victim who is a legal minor. Emergency
aid can be given without receiving permission from a parent or guardian.
Let’s look at the other side of the coin on this - if
we are at the scene of an accident, are we legally bound to provide
emergency aid?
There is no legal requirement to provide aid. If you are walking down
the street and happen upon the scene of a car accident, you have no legal
obligation to help the victims, or even to call the police. You can just
walk away. However, you can’t prevent someone else from providing
aid - a bar owner was once found guilty when he refused to allow
someone to call the police when they believed a murder was about to happen.
There are situations in which a person would have a legal obligation
to provide aid:
- Employers are required to provide aid to injured employees.
- Carrier businesses, such as airlines and bus lines are required to
provide aid to injured passengers.
- Hotel owners are required to aid injured guests.
- Someone who causes an injury due to his or her own negligence is
obligated to provide aid to anyone injured as a result.
- Police, firemen and some medical professionals are considered to
have a duty to provide emergency aid, even if they are not on the clock.
What if the Good Samaritan is injured or suffers damage to property
as a result of providing aid?
Usually the party that is held responsible for the incident that lead
to the need for aid is liable for any damages suffered by the Samaritan.
It’s also worth noting that it is legal to trespass and even commit
theft if it is necessary to provide emergency aid. You can cut across
someone else's property, break into a car to get someone out, or
even break into someone’s house to use a phone if necessary.
Is there a separate Good Samaritan law for disasters or terrorist
attacks?
The same law applies in terms of providing emergency aid to victims.
In addition, Missouri has a law that protects architects, contractors,
engineers and construction workers from liability if they volunteer their
expertise and equipment to help inspect, survey or commit minor repairs
to buildings in the aftermath of a disaster.
This is an area of law in where it seems like we got it right.
Today, people can provide good faith emergency aid to the best of their
ability without fear of legal liability.
