What Is A "Good Samaritan Law?"

Good Samaritan laws:

• Help protect rescuers voluntarily helping a victim in distress from being successfully sued in tort (i.e. for wrongdoing).

• Are designed to encourage people to help a stranger who needs assistance by reducing or eliminating the fear that, if they do so, they will suffer possible legal repercussions in the event that they inadvertently make a mistake in treating the victim.

• Were primarily developed for first aid situations.

• Differ from state to state

  • Most states require that the victim not object to receiving aid, but do not the victim's consent (which, of course, could not be given if the victim was unconscious).

  • The laws of some states, such as Nevada, apply to all citizens.

  • The laws of other states, such as California, are written specifically for physicians.

The statutes listed below use similar or identical basic standard for assessing the liability of persons rendering emergency medical care:

"Any person who, in good faith, renders emergency medical care or assistance to an injured person at the scene of an accident or other emergency without the expectation of receiving or intending to receive compensation from such injured person for such service, shall not be liable in civil damages for any act or omission, not constituting gross negligence, in the course of such care or assistance."

Relevant individual state statutes are as follows:

Alabama

Ala. Code �6-5-332 (1975)
Ala. Code �6-5-332.3 (1999)(AED use)

• Provides immunity for lay rescuers but no extended immunity;

• Provides immunity for AED acquirers and enablers; and

• Encourages/requires CPR & AED training at AHA, ARC or other recognized course.

Alaska

Alaska Stat. �09.65.090 (Michie 2000)
Alaska Stat. �18.08.086 (Michie 2000)

• Provides immunity for rescuers; and

• Encourages/requires CPR & AED training at AHA, ARC or other nationally recognized course

Arizona

Ariz. Rev. Stat. �2263 (2000) Gen. Stat.
Ariz. Rev. Stat. �2262 (2000)(Use & training AED req)
Ariz. Rev. Stat. �2264 (2000)(AED exemption)
Ariz. Rev. Stat. �2261 (2000) AED def.
Ariz. Rev. Stat. Ann. �36.2263 (2002)

• Provides immunity for rescuers

• Provides immunity for AED acquirers and enablers

• Requires American Heart Association (AHA) "Heartsaver" AED training

Arkansas

Ark. Code Ann. �17-95-101 (Michie 1999) Gen.
Ark. Code Ann. �17-95-605 (Michie 1999) AED.

• Provides immunity for rescuers

• Provides immunity for acquirers and enablers of AEDs

• Encourages/requires CPR & AED training.

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