“Good Samaritan” laws protect bystanders from legal liability when they try to help someone they believe to be injured or in peril. By shielding them from liability, the law seeks to reduce their hesitation to render aid for fear of being sued if things go badly. All 50 states and the District of Columbia have a Good Samaritan law in place. Georgia enacted its version in 1962.
If you rendered aid to an accident victim and are now being sued, the best way to protect yourself is by speaking to an attorney as soon as possible. At Kevin A. Adamson, P.C., we have decades of experience helping folks throughout Georgia handle the legal aftermath of accidents. We are ready to evaluate your case and make sure you know your full rights under the Good Samaritan law. Call us today for a free, confidential consultation with a skilled injury lawyer in Georgia.
Does the Good Samaritan Law Impose a Duty to Rescue or Render Aid?
Generally, no. As every first-year law student learns, it is well-settled that the law normally does not impose a duty to rescue or render aid to others in peril. The most prominent exceptions to this rule arise when the would-be rescuer is responsible for the underlying peril or stands in some sort of special relationship with the person in need of aid. Further, if a passerby begins a rescue, they may be deemed to have undertaken a duty to follow through. If they fail to uphold this duty by walking away or are otherwise negligent in their rescue, they may be held liable.
Now, though there is no general duty to render aid, remember that we all have a duty to avoid harming others through our actions. This is known as the “duty of reasonable care,” which simply requires that we all take ordinary precautions in our day-to-day activities to avoid injuring others. “Negligence” refers to the failure to uphold this duty. When negligence causes an accident, the at-fault party may be on the hook for compensating injured victims. This principle is the cornerstone of nearly all personal injury cases.
What Is the Purpose of the Good Samaritan Law in Georgia?
“Good Samaritan” laws are named after the biblical parable recounting how a Samaritan (someone from the ancient region of Samaria) stopped to help a traveler left beaten by the roadside after all others refused to lend a hand. The phrase “Good Samaritan” now commonly refers to anyone who stops to aid a stranger in need.
So, what is the purpose of Good Samaritan laws? Of course, the most immediate purpose is to encourage us all to help each other in the event of an accident. For example, if a doctor witnesses a serious accident on a rural road, we want them to feel safe stopping and offering life-saving aid.
On the other hand, imagine what would happen if a duty to render aid existed in every case. Courts would be inundated by lawsuits brought against every bystander who fails to take action upon witnessing an accident on a gridlocked interstate or crossing a busy street in Atlanta.
To avoid this problem, courts and legislatures have instead adopted Good Samaritan laws. Without forcing each and every witness of an accident to take action or face legal liability, these laws simply encourage bystanders to help without imposing a strict duty. In other words, bystanders can choose for themselves.
What Is the Good Samaritan Law in Georgia?
Again, every state has a Good Samaritan law in place. The version enacted in Georgia provides as follows:
“Any person, including any person licensed to practice medicine and surgery . . . and any person licensed to render services ancillary thereto, who in good faith renders emergency care at the scene of an accident or emergency . . . without making any charge therefor shall not be liable for any civil damages as a result of any act or omission by such person in rendering emergency care or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person.”
In other words, anyone who makes a genuine effort to help in an accident or emergency will not be liable if they are sued for their efforts afterward. In a targeted effort to encourage medical specialists to render aid in life-threatening situations, the statute is careful to specifically shield doctors and other licensed medical professionals.
However, the Good Samaritan law only shields helpful bystanders from liability when they do not attempt to charge money for their aid. This discourages unscrupulous actors from scouting out accidents and taking advantage of the situation by offering “help.”
Special Scenarios Involving the Good Samaritan Law in Georgia
Georgia expanded its Good Samaritan law over time to address a number of specific scenarios. The baseline law remains the same — witnesses to accidents who offer genuine help without charging a fee are insulated from liability. The remainder of this section explores some more specific scenarios involving bystanders who attempt to help in an emergency.
First, the legislature has added specific protections for healthcare providers who offer free services to schools and nonprofit organizations. This provision encourages providers to offer their charitable services without risking a lawsuit.
Second, Georgia has also adopted protections for anyone who provides disaster relief under the direction of a state agency. This provision ensures that victims of a disaster, such as a hurricane or a flood, cannot sue the workers who help provide relief in the aftermath.
Finally, the state legislature has also added protections for people who use an external defibrillator to reset someone’s heartbeat by applying electricity. Injured parties in these situations cannot recover compensation from the person who used the defibrillator unless they intentionally tried to make things worse. This exception encourages businesses to install defibrillators in public places without risking liability.
Contact a Georgia Good Samaritan Lawyer Today
In general, the law does not impose a duty to render aid when we see someone in danger. This prevents courts from being inundated with lawsuits when, for example, countless “rubbernecking” drivers fail to render aid as they pass by a multi-vehicle pileup on their morning commute to work.
That said, when bystanders choose to help, Good Samaritan laws are meant to insulate them from liability in the event their reasonable efforts to lend aid go south. If you tried to help in an accident you did not cause and are being sued as a result, the best thing to do is speak to an experienced injury attorney as soon as possible. The sooner you do, the sooner they can start building a solid defense on your behalf.
The legal team at Kevin A. Adamson, P.C., is ready to evaluate your case and make sure you know your rights under the Good Samaritan law. Contact us today to schedule a free, confidential consultation with an experienced personal injury lawyer in Duluth.
