California Health and Safety Code 1799.102 provides Good Samaritan immunity from civil liability for individuals who provide emergency or non-medical assistance in good faith at the scene of an emergency.
The law is designed to provide a sense of security, relieving bystanders from the fear of lawsuits. It encourages voluntary assistance, without compensation, and without gross negligence or willful misconduct.
However, this protection does not apply to medical professionals in a healthcare setting or to individuals acting with gross negligence or intentional misconduct.
Emergencies demand swift action to save lives, and bystanders should feel empowered to help without worrying about legal consequences.
To reinforce this, California's 'Good Samaritan Law' was introduced to foster immediate assistance during emergencies by alleviating concerns about legal repercussions for unintentional harm.
Simply put, this law protects individuals who assist others without hidden agendas or malicious intent. It alleviates concerns about civil liability for accidental injuries or complications arising from their good-faith efforts.
What is the Content of HS 1799.102?
HSC 1799.102 says, "(a) No person who, 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. The scene of an emergency shall not include emergency departments or other places where medical care is typically provided. This subdivision applies only to the medical, law enforcement, and emergency personnel specified in this chapter."
In simple terms, the California Good Samaritan law shields you from civil liability when you provide emergency medical or non-medical assistance in good faith, without seeking compensation, at an emergency scene.
Immunity from criminal charges for drug possession or use may be extended if you seek medical assistance for someone experiencing a drug overdose, according to HSC 11376.5. This provision offers a sense of security and reassurance to potential Good Samaritans.
Civil damages under this law encompass both compensatory and punitive damages. However, protections against civil liability do not cover acts of gross negligence or willful, wanton misconduct.
What Are the Main Elements of the Law?
The Good Samaritan Law is designed to protect individuals who, without medical training, provide assistance at the scene of an accident or emergency. It also encourages bystanders to volunteer during emergencies. The law includes key provisions to support individuals acting as good Samaritans in such situations.
The Good Samaritan Law protects from civil liability for any "act or omission" by any individual who:
- Provides medical or non-medical aid at the "scene of an emergency"; and
- Does so in good faith and without seeking compensation.
This protection covers both ordinary citizens and healthcare workers operating outside typical medical settings.
The protection provided by HSC 1799.102 is subject to these limitations:
- The law does not shield against liability for an "act or omission that involves gross negligence or intentional, wanton misconduct."
- The law may not shield individuals from criminal charges if a crime occurs during the emergency.
- Under this law, a "scene of an emergency" excludes locations where medical care is usually provided, such as emergency rooms or EMT vehicles. Medical professionals working in their usual settings are subject to various laws and regulations.
What Does Gross Negligence Mean?
In certain personal injury cases, 'gross negligence' refers to a higher standard of care than ordinary negligence. In California, it is a significant lack of care or an extreme deviation from what a reasonably careful person would do in the same situation to avoid harm.
Willful or wanton misconduct is a severe form of negligence. It involves actions taken with intentional or reckless neglect for others' safety or a failure to fulfill a duty essential to protecting someone's property.
Healthcare professionals are protected under this law when providing emergency aid outside their usual place of work. However, they are held to a slightly different standard, with their actions judged based on what a similarly trained professional would reasonably do in the same situation.
Medical and Non-Medical Care
The Good Samaritan Law originally only protected emergency medical care. However, in 2009, California enacted Assembly Bill 83, broadening legal safeguards to cover emergency non-medical assistance as well. Examples of emergency medical care include:
- Performing CPR on a heart attack victim inside a restaurant.
- Applying firm pressure directly to a bleeding limb.
- Performing the Heimlich Maneuver on a choking person
Examples of emergency non-medical care include:
- Rescuing an injured driver from a burning vehicle.
- Pulling a drowning person out of the water.
- Providing water to an injured person while waiting for emergency medical assistance.
When is the Good Samaritan Law Inapplicable?
As mentioned, the Good Samaritan Law's protections are not absolute; there are situations in which a rescuer may still be legally liable. These include:
- Acts of gross negligence involve acting without reasonable care, displaying extreme irresponsibility, or significantly deviating from what a reasonable person would do in emergencies.
- Willful or wanton misconduct refers to conduct that is so reckless it demonstrates a deliberate disregard for others' safety.
Additionally, although the Good Samaritan Law primarily addresses civil liability, it doesn't provide complete protection from criminal charges.
Rescuers who commit a crime while giving aid can still be prosecuted. This underscores the necessity of adhering to legal boundaries, even during emergencies.
What are the Real-World Impacts of the Good Samaritan Law?
Being protected by the Good Samaritan Law doesn't mean you're immune from all legal actions; it simply offers a strong legal defense.
If the person you helped in an emergency thinks you caused harm through gross negligence or reckless misconduct, they can still pursue a civil lawsuit.
The plaintiff is responsible for proving your misconduct. Generally, if you show that you acted in good faith, the law prevents you from being held legally responsible, no matter what lawsuits are filed. Reach out to our California criminal defense lawyers for an evaluation of your case and to explore legal options. Cron, Israels & Stark is based in Los Angeles, CA.
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