Good Samaritan Protection
The “Good Samaritan” rule is a legal act that allows people to lend aid to others when they need it without putting themselves at risk of legal repercussions that may arise as a result of lending aid.
Reviewing the requirements for Good Samaritan protection and connecting with a Redding, CA, personal injury attorney will allow you to obtain the compensation you deserve.
What Are The Requirements For Good Samaritan Protection?
The requirements for Good Samaritan protection are as follows:
- The aid was given without any expectation of compensation.
- The aid given was reasonable, based on the incident that occurred, as well as the victim’s status.
- The aid was given in good faith, without any ulterior motives.
Some examples of situations that violate the requirements for Good Samaritan protection can be found below:
- A person who gives someone aid, with the sole intent of that person giving them money as a result of the aid that they gave them, would be giving aid with the expectation of compensation.
- A person who gives someone CPR, even though they aren’t breathing abnormally and their heart rate is fine, would not be giving reasonable aid.
- A person who gives someone else aid with the intention of causing some form of harm to that person or demanding compensation afterwards would not be giving aid in good faith.
If someone gives reasonable aid without any expectations of compensation/desire to harm this person, thereby giving this reasonable aid in good faith, then they are protected by the Good Samaritan law.
What Are The Situations In Which Good Samaritan Protection Does Not Apply?
A number of situations exist in which aid, when given to someone, does not fall under the legal protection that the Good Samaritan law offers. And with that in mind, these situations are as follows:
- A person gives a specific form of aid when they are not qualified to do so, thereby causing an injury or some other, related, harm.
- A person gives aid when they know that it is unnecessary or, in turn, when they know that they do not have the ability to do so, thereby causing that person harm.
- A person gives aid when they are under the influence of alcohol or another related substance, thereby causing some form of harm.
A few examples of the situations outlined above are as follows:
- A person administers Narcan to someone who has overdosed, but they fail to administer Narcan properly as a result of not knowing how to do so, thereby causing an injury.
- A person gives another individual CPR despite the fact that they know it is unnecessary and, as a result of doing so, they give that person an injury.
- A person administers Narcan while under the influence of alcohol and, in doing so, fails to administer the Narcan properly, giving it improperly.
On the other hand, if someone does the above, but does so in a manner that does not cause harm, it is unlikely that they will be sued for their actions.
Speak With A Northern California Personal Injury Attorney
If you were injured as a result of someone else lending aid, you may be able to obtain compensation. Speak with a Northern California personal injury attorney at Maire & Deedon today and we will help you obtain compensation.