Good Samaritan law

Legend:
  Good Samaritan law
  Duty to rescue law
  No duty to rescue or Good Samaritan law
  No duty to rescue, no data about Good Samaritan laws

Good Samaritan laws offer legal protection to people who give reasonable assistance to those who are, or whom they believe to be injured, ill, in peril, or otherwise incapacitated.[1] The protection is intended to reduce bystanders' hesitation to assist, for fear of being sued or prosecuted for unintentional injury or wrongful death. An example of such a law in common-law areas of Canada: a Good Samaritan doctrine is a legal principle that prevents a rescuer who has voluntarily helped a victim in distress from being successfully sued for wrongdoing. Its purpose is to keep people from being reluctant to help a stranger in need for fear of legal repercussions should they make some mistake in treatment.[2] By contrast, a duty to rescue law requires people to offer assistance and holds those who fail to do so liable.

Good Samaritan laws may vary from jurisdiction to jurisdiction, as do their interactions with various other legal principles, such as consent, parental rights and the right to refuse treatment. Most such laws do not apply to medical professionals' or career emergency responders' on-the-job conduct, but some extend protection to professional rescuers when they are acting in a volunteer capacity.

The principles contained in Good Samaritan laws more typically operate in countries in which the foundation of the legal system is English common law, such as Australia.[3] In many countries that use civil law as the foundation for their legal systems, the same legal effect is more typically achieved using a principle of duty to rescue.

Good Samaritan laws take their name from a parable found in the Bible, attributed to Jesus, commonly referred to as the Parable of the Good Samaritan which is contained in Luke 10:29–37. It recounts the aid given by a traveller from the area known as Samaria to another traveller of a conflicting religious and ethnic background who had been beaten and robbed by bandits.[4]

  1. ^ "The Good Samaritan Law across Europe". DAN Legal Network. Archived from the original on 2021-04-20. Retrieved 2023-05-24.
  2. ^ "What Are Good Samaritan Laws?". Archived from the original on 2019-10-03. Retrieved 2018-01-24.
  3. ^ Gulam, Hyder; Devereux, John (2007). "A Brief Primer on Good Samaritan Law for Health Care Professionals". Australian Health Review. 31 (3): 478–482. doi:10.1071/AH070478. PMID 17669072. Archived from the original on 2007-08-30.
  4. ^ "Good Samaritan". Merriam-Webster's Dictionary of Law. Retrieved January 9, 2010.