Good Samaritan law

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.

[4] Good Samaritan laws tend to differ by region, as each is crafted based on local interpretations of the providers protected, as well as the scope of care covered.

[10][11] An example of a typical Canadian law is provided here, from Ontario's Good Samaritan Act, 2001, section 2: Protection from liability 2.

[15] Following the event, China Daily reported that "at least 10 Party and government departments and organizations in Guangdong, including the province's commission on politics and law, the women's federation, the Academy of Social Sciences, and the Communist Youth League, have started discussions on punishing those who refuse to help people who clearly need it.

"[16] Officials of Guangdong province, along with many lawyers and social workers, also held three days of meetings in the provincial capital of Guangzhou to discuss the case.

It was reported that various lawmakers of the province were drafting a good Samaritan law, which would "penalize people who fail to help in a situation of this type and indemnify them from lawsuits if their efforts are in vain".

The Finnish Rescue Act thus includes a principle of proportionality which requires professionals to extend immediate aid further than laypersons.

[24] Moreover, people providing first aid are covered by the German Statutory Accident Insurance in case they suffer injury, losses, or damages.

[31] In Romania, the health reform passed in 2006 states that persons without medical training offering basic first aid voluntarily at the indications of a medical dispatch office or from own knowledge of first aid maneuvers, acting in good will to preserve the life or health of another person cannot be held responsible under penal or civil law.

[33] In the common law of England and Wales there is no criminal liability for failing to act in the event of another person being in danger; however, there are exceptions to this rule.

In England and Wales, the Social Action, Responsibility and Heroism Act 2015 helps protect "good Samaritans" when considering a claim of negligence or a breach of duty.

The Labour Party at the time of the law's passing criticized it for being valuable in concept but lacking an earnest effort.

At least five other states, including California and Nevada, have seriously considered adding duty-to-assist subdivisions to their Good Samaritan statutes.

Medical professionals are typically not protected by Good Samaritan laws when performing first aid in connection with their employment.

[54] It was significant that the doctor was not an employee of the attending physician, but was only visiting the hospital and had responded to a "Dr. Stork" page, and had not asked or expected to be paid.

A responder is not required to withhold life-saving treatment (e.g., CPR or the Heimlich maneuver) from a minor if the parent or guardian will not consent.

Quebec operates a civil law system, based in part on the Napoleonic Code, and the principle of duty to rescue does apply.

[60] Similarly, in France anyone who fails to render assistance to a person in danger will be found liable before French courts (civil and criminal liability).

[61] To illustrate a variation in the concept of duty to rescue, in the Canadian province of Ontario, the Occupational Health and Safety Act provides all workers with the right to refuse to perform unsafe work.