For example, a bystander in California who witnessed a car accident and pulled the victim from the vehicle out of concern that it would catch fire was later sued by the victim, who was left permanently paralyzed. California has since changed its Good Samaritan law to include providing non-medical assistance at the scene of an emergency.
Unintentional drug overdose is a leading cause of death in both the U. In response, some states and Canada have enacted Good Samaritan laws that provide some legal protection for people who call for help. For example, they may offer protection from being prosecuted for low-level drug offenses like sale or use of a controlled substance or paraphernalia.
However, there are exceptions. Good Samaritan laws in Vermont, Minnesota and Rhode Island require bystanders to act in some limited capacity. In Canada, residents of Quebec can also face legal consequences for not giving aid. In more common emergency situations, like assisting someone who is feeling dizzy or confused, Good Samaritan assistance can be as simple as providing a blanket, offering water or calling If you are someone who would stop and try to help in an emergency situation, make sure you understand the Good Samaritan laws where you live.
Click here for more information about Good Samaritan laws in your state, here for more on the laws in Ontario and here for more on the laws in Quebec. By: Janet Lubman Rathner January, A Good Samaritan is a person who, in good faith, without expectation of payment or reward and without any duty of care or special relationship, voluntarily comes forward to administer immediate assistance or emergency care to a person injured in an accident, or crash, or emergency medical condition, or emergency situation.
The Good Samaritan Law allows a person, without expectation of payment or reward and without any duty of care or special relationship, voluntarily come forward to administer immediate assistance or emergency care to a person injured in an accident, or crash, or emergency medical condition.
Good Samaritan Law protects Good Samaritans from harassment on the actions being taken by them to save the life of the road accident victims. India is an unfortunate victim of a large number of road crash fatalities. Three out of four people in the country are hesitant to help injured accident victims on roads due to fear of police harassment, detention at hospitals, and prolonged legal formalities. More than universities in 35 states currently have some type of medical amnesty legislation in place, and it's helping to save lives.
Students' calls have increased on campuses with these laws in place, often dramatically. And at Cornell University, which adopted a medical amnesty law in , studies revealed a doubling of follow-up counseling sessions attended by students, from 22 percent to 52 percent in [sources: The Medical Amnesty Initiative , Lewis and Marchell ]. In a similar move, people trying to combat America's skyrocketing opioid problem are pushing for Good Samaritan-type laws to protect those calling for help when someone has overdosed.
Many won't if they have also been using drugs, fearing they will be arrested on drug-related charges when help arrives. Yet such inaction can mean the difference between life and death for the person who OD'd. As of , 40 states have Good Samaritan laws on the books, while more than 42 states and the District of Columbia have passed naloxone access laws, which generally allow certain people to obtain naloxone, a synthetic drug that can revive someone suffering from an opioid overdose [sources: Weinstein , Drug Policy Alliance.
While Good Samaritan laws aim to encourage people to help one another out, they're not perfect, as some of the previous examples show. Many of the laws only protect a select group of potential assisters, such as Michigan's law, which just covers medical personnel , "block parent volunteers" parents who volunteer their homes as safe spaces for children and members of the National Ski Patrol — unless, that is, you're giving CPR or using an emergency defibrillator. Others distinguish between a bystander providing help at the scene of an emergency or accident — protected — versus, say, helping someone who is being transported to the hospital, an action that is generally not covered under these laws [sources: Lee , Miller ].
Since you can't be expected to know the Good Samaritan laws of every state or country you visit, you potentially face legal or criminal charges any time you try to lend a helping hand. That's not to say you should ignore those in need — if everyone did that, the world would lose its humanity.
Plus, as mentioned, some states and countries actually penalize bystanders who refuse to assist another person in danger. Instead, experts say, keep in mind a few things if you stumble upon an emergency situation. First, think sensibly.
Most Good Samaritan laws protect people who try to help others through reasonable means. Second, don't attempt any kind of medical treatment or maneuver that you haven't been trained in or at least know something about. Call for professional help ASAP, and let them take over the minute they arrive. Don't accept any kind of gift or reward from the injured person, as many Good Samaritan laws expressly deny protection to those receiving compensation for their actions.
And, as a precautionary measure, become familiar with the provisions of your own state's or country's Good Samaritan law [source: Thorpe ]. With so many different types of Good Samaritan legislation in place, it appears these laws are here to stay. But in places like the U. That's when your decision whether to become involved or walk away will come down to your own kindness and compassion. This is a really thought-provoking topic. Most of us likely are in favor of helping someone who is injured, sick or in trouble.
And the majority of us would likely do so with only the best of intentions. But if we were injured, and someone trying to help us actually caused further harm, how would we react? Would we be charitable toward our rescuer and forgive him, or would we turn on the person and sue?
I'd sure like to think I'd never sue someone who tried to help me, even if the result was something devastating like Alexandra Van Horn's paralysis. Far better to err on the side of helping — being a caring human being — than ignoring someone in distress because we fear for ourselves. But would I think differently if I were a single parent with limited resources?
How would I weigh the risks of messing up a rescue and possibly being sued and financially ruined — which would have a devastating impact on my kids — with helping another human? Would I even ponder any of this if I came upon someone who was hurt, or would basic human instincts toward charity kick in? Looking at this dispassionately, I'm weighing in decisively for helping those in distress.
But I totally realize that it's not possible to be dispassionate if you're one of the people involved in a Good Samaritan incident gone awry.
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