GOOD SAMARITAN ACT
Dangers of being a good Samaratin-Suppose you are driving down a lonely highway – you appear to be the only vehicle in sight for miles. You top a slight hill and there it is – a head on collision involving a tractor-trailer and a mini-van full of children. Apparently this has just happened as the smoke is still emitting from the engines. You pull over on the side of the highway, place your vehicle in park and upon exiting your vehicle, all you hear are screams and moans and the smell of gasoline in the air. Other people begin to arrive and stop. What do you do?
Most people’s first instinct would be to run to the scene and try to help in any way they possibly could. But did you ever stop to think that – for example – if you pulled someone out of the vehicle, but “you” injured their back even more so than it was immediately following the crash. Six months after the crash when you are enjoying your day, a sheriff deputy knocks on your door and hands you some papers. You are being sued for damages for “helping” on that dreadful day because you are a good person.
Fortunately, almost all 50 states have laws providing basic legal protection for the “good samaritan” like yourself that stop and assist an injured or endangered person. The State of Tennessee has in effect Statute 63-6-218 – Good Samaritan Law. And in the past couple of years, this act has been extended to protect the Good Samaritans by protecting good samaritan’s involved in incidents where children or animals are locked in vehicles and might be in imminent danger because of the extreme heat or cold. (You must first call 911 for assistance before attempting to enter the vehicle on your own.)
The State of Florida has passed Statute 768.13 – Good Samaritan Act; immunity from civil liability. Florida is much like Tennessee and includes “any person” who gratuitously and in good faith renders emergency care or treatment….
State of Alabama has in force Statute 6-5-332. However this statute will only protect individuals in the medical profession (doctors, dentists, nurses, member of any organized rescue squad, police or fire department, etc).
The good in people in an emergency situation to help should be protected by all States. For more information on Good Samaritan Law in each state, please visit http://recreation-law.com/2014/05/28/good-samaritan-laws-by-state.
