Every state has its own version of a Good Samaritan law. These laws provide legal protection for individuals who believe that another person is injured or believed to be injured, suddenly sick, in danger or incapacitated. California has its own version of a Good Samaritan Law in its Health and Safety Code section 1799.102. In pertinent part, it states as follows: “No person who is in good faith, and not for compensation, renders emergency medical or nonmedical care at the scene of an emergency shall be liable for any civil damages resulting from any act or omission.”
There is No Legal Duty to Help a Person in Distress
The general rule in California is that a person is under no legal duty to help another person who is in danger, even if an emergency exists. It could be a car crash, a residential fire or a heart attack. Neither the state’s civil or criminal laws can be used against you if you just walk by and continue to go about your own personal business.
California Wants People to Help Though
It’s the public policy of the State of California to encourage others to help in the event of an emergency or imminent danger until such time as first responders can be on the scene. That’s why the state’s legislature enacted HSC 1799.102. A Good Samaritan isn’t going to be held liable under the laws of negligence for an act or failure to act so long as he or she wasn’t seeking compensation for their help, the help was rendered in good faith and the person wasn’t guilty of gross negligence or willful and wanton misconduct. The state’s Good Samaritan Law can only be used at the place where an emergency is occurring though, and the person giving help should request emergency medical assistance immediately.
Drug Overdoses
On a related note, California HSC 11376.5 was enacted in the legislature’s efforts to save more lives when drug users overdosed. Pursuant to this section, if a person experiences a drug overdose, and his or her life is in danger, another person can call 911 for assistance without either of them fearing arrest for possession of a controlled substance or being under the influence of such a substance.
If you or a family member were injured by a Good Samaritan who sought compensation, was grossly or engaged in willful and wanton misconduct anywhere in California, contact our personal injury lawyer at Maison Law right away for a free consultation and case review. You’ll be listened to carefully, and your questions will be answered. Then, you’ll be informed of all of your legal options. If we’re retained to represent you, we’ll want to obtain the highest settlement or award that you deserve.
Contact a Personal Injury Lawyer.
After an accident involving a serious injury in the Central Valley, contact attorney Martin Gasparian for a free consultation and case evaluation. Mr. Gasparian takes a hands-on approach to every case. He believes that every client should work directly with their lawyer, get honest advice and personalized attention to detail their case deserves.
