Good Samaritan Laws: Protection, Coverage, and How They Work

According to the National Conference of State Legislatures (NCSL), all 50 states and the District of Columbia have enacted Good Samaritan laws to encourage people to assist in emergencies without fear of civil liability. These statutes protect millions of Americans who provide emergency care at accident scenes, sports events, schools, shopping centers, and highways every year.

When someone collapses in a grocery store aisle or a car crashes on Interstate 95, hesitation can cost lives. Many bystanders freeze, not because they lack compassion, but because they fear a lawsuit. Good Samaritan laws exist to remove that fear.

What Are Good Samaritan Laws?

Good Samaritan laws are state-level statutes that protect individuals from civil lawsuits when they voluntarily provide emergency assistance to someone who is injured or in danger.

The core legal principle is simple:

A person who acts in good faith to provide emergency care, without expecting payment, is generally protected from liability for ordinary negligence.

These laws are rooted in public policy. Lawmakers want people to step forward during emergencies rather than stand back out of fear.

Why Good Samaritan Laws Exist in the United States?

In the 1950s and 1960s, courts saw an increase in negligence claims against individuals who tried to help injured strangers. Many people stopped assisting because of legal risk.

State legislatures responded by passing Good Samaritan statutes to:

• Encourage emergency aid
• Reduce preventable deaths
• Protect volunteer responders
• Promote public safety
• Strengthen community responsibility

The American Heart Association reports that more than 350,000 out-of-hospital cardiac arrests occur annually in the United States. Immediate CPR can double or triple survival rates. Without Good Samaritan protection, fewer bystanders would intervene.

How Good Samaritan Laws Work?

Good Samaritan protection applies when three legal elements are present:

1. Emergency Situation Exists
   The victim faces immediate danger such as cardiac arrest, choking, severe bleeding, unconsciousness, or overdose.
2. Voluntary Assistance
   The helper acts voluntarily and does not receive payment or compensation.
3. Good Faith Effort
   The helper provides reasonable care based on their training and understanding.

Protection typically shields the helper from civil liability for ordinary negligence. That means minor mistakes made while trying to help do not result in successful lawsuits.

However, protection does not cover:

• Gross negligence
• Reckless misconduct
• Intentional harm

Who Is Protected Under Good Samaritan Laws?

Coverage varies by state, but most laws protect the following groups:

1. Ordinary Citizens

Civilians who:

• Perform CPR
• Use an AED (Automated External Defibrillator)
• Apply pressure to stop bleeding
• Help someone choking
• Pull someone from a burning vehicle

Example:
A shopper in Dallas performs CPR on a stranger who collapses from cardiac arrest. The victim survives but later suffers broken ribs. Rib fractures are common during CPR. The rescuer is protected from civil liability.

2. Medical Professionals (Off-Duty)

Doctors, nurses, EMTs, and paramedics often receive additional protections when:

• They are off-duty
• They are not receiving payment
• They respond voluntarily

Example:
An off-duty nurse assists an accident victim on a California highway. She stabilizes the patient until EMS arrives. Her actions fall under California’s Good Samaritan statute.

3. AED Users and Property Owners

Every state has laws encouraging AED use. Protection often extends to:

• Individuals using an AED in good faith
• Businesses installing AED devices
• Property owners providing emergency access

The Cardiac Arrest Survival Act (federal law, 2000) provides limited liability protection for AED users in federal facilities.

4. Opioid Overdose Responders

More than 100,000 drug overdose deaths occurred in the U.S. in 2022, according to the CDC.

Many states now include overdose Good Samaritan provisions. These laws protect:

• Individuals administering naloxone (Narcan)
• People calling 911 during an overdose

Some states provide limited immunity from drug possession charges for the caller.

Learn More: What Are Sunshine Laws? Transparency and Accountability

What Is NOT Protected?

Good Samaritan laws do not protect reckless or extreme misconduct.

Protection does not apply when:

• The helper acts with gross negligence
• The helper abandons the victim after starting care
• The helper expects payment
• The helper causes intentional harm

Gross negligence involves serious carelessness beyond ordinary mistakes.

Example:
A person moves a spinal injury victim without necessity, causing paralysis, despite knowing movement could cause harm. Courts may view this as reckless conduct.

Differences Between States

Good Samaritan laws vary significantly across states.

Example Comparisons:

California
California Civil Code §1714.5 protects individuals who provide emergency care at the scene of an emergency. The protection applies to both medical and non-medical assistance.

Texas
Texas Civil Practice & Remedies Code §74.151 provides immunity except in cases of willful or wanton negligence. Certain trained professionals receive broader protection.

New York
New York Public Health Law §3000-a protects individuals who voluntarily render emergency treatment without expectation of monetary compensation.

Some states require:

• The emergency to occur outside a hospital
• The rescuer to act without compensation
• The assistance to be reasonable

Because statutes differ, local legal advice matters in complex cases.

Duty to Rescue: Does the Law Require You to Help?

Most U.S. states do not impose a legal duty to rescue strangers. However, a few states require limited assistance or at least require calling emergency services.

States with some form of duty-to-act requirement include:

• Vermont
• Minnesota
• Rhode Island

Even in those states, penalties are typically small fines rather than criminal charges. In general, American law protects voluntary help but rarely forces intervention.

Case Examples

Case Example 1: AED Use in Public Settings

A Florida gym member used an AED on a collapsed athlete. The device malfunctioned. The victim’s family filed a lawsuit. The court dismissed the case because the rescuer acted in good faith under Florida’s Good Samaritan statute.

Case Example 2: Off-Duty Physician

An off-duty emergency physician in Illinois stopped at a roadside crash. The victim later sued, claiming improper stabilization. The court ruled that the doctor was immune because he acted voluntarily and without compensation.

Good Faith Standard Explained

Good faith means:

• Honest intention to help
• No expectation of payment
• Reasonable effort based on knowledge and training

Courts examine:

• The rescuer’s training
• The urgency of the situation
• Whether actions were reasonable under emergency conditions

Emergency situations allow flexibility. Courts understand that perfect decisions are impossible under stress.

Special Situations Covered

Schools

Teachers who provide emergency aid to students often receive statutory immunity.

Sports Coaches

Coaches performing CPR during athletic events are usually protected.

Volunteer Organizations

Red Cross volunteers and community responders receive protection under state statutes and, in some cases, federal Volunteer Protection Act provisions.

Federal Volunteer Protection Act (1997)

The Volunteer Protection Act provides liability protection for volunteers serving nonprofit organizations or governmental entities.

Protection applies when:

• The volunteer acts within the scope of responsibility
• The harm was not caused by willful misconduct
• The volunteer is properly licensed if required

This federal law works alongside state Good Samaritan statutes.

Common Misconceptions About Good Samaritan Laws

Myth 1: You can always be sued.

Anyone can file a lawsuit, but courts often dismiss claims protected under statute.

Myth 2: Only medical professionals are protected.

Most states protect ordinary citizens.

Myth 3: You must be CPR-certified.

Certification strengthens credibility, but most states protect untrained bystanders acting reasonably.

Practical Advice for U.S. Residents

Follow these practical steps during an emergency:

1. Call 911 immediately.
2. Stay within your level of training.
3. Do not accept payment.
4. Do not abandon the victim once you begin care.
5. Use available emergency equipment such as AEDs.

Taking a CPR course through the American Red Cross or American Heart Association improves confidence and safety.

Final Thought

Good Samaritan laws in the United States encourage people to help during emergencies by reducing the risk of civil liability. All 50 states provide some form of protection for individuals who voluntarily assist injured persons in good faith.

These laws protect:

• Ordinary citizens
• Off-duty medical professionals
• AED users
• Overdose responders
• Volunteers

They do not protect reckless behavior, gross negligence, or intentional harm. In a country where more than 350,000 cardiac arrests occur annually, bystander intervention saves thousands of lives. Legal protection makes that intervention possible.

When an emergency unfolds in front of you, stepping forward could save a life. Good Samaritan laws exist so compassion is not punished.

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