Many companies are fortunate enough to have an internal emergency response team (ERT), sometimes referred to as first responders. These ERT members can typically respond to various work-related emergencies, from medical emergencies to chemical spills to incipient-stage fires. However, depending on how your ERT is set up, they may or may not be covered by the Good Samaritan law in your state.
Legal Duty to Rescue
First, it's essential to understand that you are not LEGALLY required to provide medical treatment as a lay rescuer in most states. However, morally and ethically, it's often encouraged to step in and provide care as long as you are trained.
In most instances, a bystander can’t be held liable for not assisting. However, there are exceptions. Good Samaritan laws in Vermont, Minnesota, and Rhode Island require bystanders to act in some limited capacity. In Canada, residents of Quebec can also face legal consequences for not giving aid. However, that doesn’t mean putting yourself in danger, like entering a burning building or moving a person who has fallen and may have injured their neck – in both cases, it’s best to wait for emergency medical personnel. In more common emergencies, like assisting someone feeling dizzy or confused, Good Samaritan assistance can be as simple as providing a blanket, offering water, or calling 911.
What is the Good Samaritan Law?
In legal terms, a good Samaritan renders aid in an emergency to an injured or ill person. Generally, if the victim is unconscious or unresponsive, a good Samaritan can help them on the grounds of implied consent. Suppose the person is conscious and can reasonably respond. In that case, a would-be rescuer must ask for expressed consent before touching the victim and providing any medical treatment, regardless of the extent of the treatment.
All 50 states and the District of Columbia have a Good Samaritan law and Federal laws for specific circumstances. Many good Samaritan laws were initially written to protect physicians from liability when rendering care outside their usual clinical setting. The details of good Samaritan laws vary by jurisdiction, including who is protected (physicians, emergency medical technicians, and other first responders) from liability and under what circumstances. These laws do not generally protect medical personnel from liability if acting in their usual profession.
Good Samaritan laws give liability protection against "ordinary negligence." Ordinary negligence is the failure to act as a reasonably prudent person. The failure to exercise such care as the great mass of humanity ordinarily applies under the same or similar circumstances.
These laws do not protect against "gross negligence" or willful actions. Gross negligence is a conscious and voluntary disregard of the need to use reasonable care, likely to cause foreseeable grave injury or harm to persons, property, or both.
What are the requirements for the Good Samaritan Law to apply?
Regardless of where you live, the general concepts of the Good Samaritan laws are very similar. There are typically four criteria that you must meet for the law to apply and provide legal protection:
1. Voluntarily assists without expecting or accepting compensation (also known as "remuneration");
"Remuneration" is the money and non-cash compensation an employee of a company receives for doing their job. It includes salary or wages, commissions, incentives, bonuses, and the value of rental properties, meals, and other perks that are paid for by the company.
- This is a tricky one when it comes to company ERT members. While it may be an involvement tactic to provide some monetary incentive for becoming an ERT member, by doing so, you are no longer covered by the Good Samaritan Law since you are being paid to do so.
- For example, if a physician provided care after the injured party promised to pay for services, this protection would not apply. This exception applies even if the individual providing the aid had no legal right to receive such compensation. The legal question is whether the individual expected "remuneration." Additionally, if the individual was simply at the scene of the emergency soliciting business or seeking to perform a service for remuneration, the protection does not apply.
- Alaska states the following in their Good Samaritan law, which specifically outlines how much a "volunteer" can be paid and still be covered:
- A member of an organization that exists to provide emergency services is not liable for civil damages for injury to a person that results from an act or omission in providing first aid, search, rescue, or other emergency services to the person, regardless of whether the member is under a preexisting duty to render assistance if the member provided the service while acting as a volunteer member of the organization. In this subsection, “volunteer” means a person paid not more than $ 10 a day and a total of not more than $ 500 a year, not including ski lift tickets and reimbursement for expenses incurred for providing emergency services.
- A member of an organization that exists to provide emergency services is not liable for civil damages for injury to a person that results from an act or omission in providing first aid, search, rescue, or other emergency services to the person, regardless of whether the member is under a preexisting duty to render assistance if the member provided the service while acting as a volunteer member of the organization. In this subsection, “volunteer” means a person paid not more than $ 10 a day and a total of not more than $ 500 a year, not including ski lift tickets and reimbursement for expenses incurred for providing emergency services.
2. Is reasonable and prudent
- You must do what the average citizen would do in your given situation.
3. Does not provide care beyond the training received; AND
- If you are only trained in CPR/AED and basic first aid, that's all you can do. Even if you learned how to perform needle decompression in the military, when you are responding as a lay rescuer, this would exceed your level of training, making you exempt from Good Samaritan law protection.
4. Is not “grossly negligent” or completely careless (also referred to as willful or wanton misconduct) in delivering emergency care.
Exceptions to the Good Samaritan Law
While the law is designed to encourage lay rescuers to step in and provide help, there are some exceptions to these laws. For example, in Kentucky, the use of an automated external defibrillator (AED) is NOT covered by this law. However, if you look at the state of Alabama's Good Samaritan law, the use of an AED is covered, as shown below:
A person or entity, who in good faith and without compensation renders emergency care or treatment to a person suffering or appearing to suffer from cardiac arrest, which may include the use of an automated external defibrillator, shall be immune from civil liability for any personal injury as a result of care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts as an ordinary prudent person would have acted under the same or similar circumstances, except damages that may result from the gross negligence of the person rendering emergency care.
Another example that may vary from state to state is the use of Narcan (Naloxone) during a medical emergency involving an opioid-related overdose.
Good Samaritan Examples
One of the most common situations that could lead to the Good Samaritan Law being applied is an automobile crash. A bystander who witnesses the accident may instinctively rush to help and accidentally injure a driver while extracting them from a vehicle. Without a Good Samaritan law, the driver could sue the person who assisted for negligence, even though the person was only trying to help. Another example could be an injured driver in a single-car accident who falsely blames a Good Samaritan for causing an injury. The driver may realize they are at fault for the crash and attempt to sue the Good Samaritan for compensation since no one else is to blame.
Bottom Line
Good Samaritan legislation won’t always stop someone from filing a civil lawsuit, but when you understand what you can and can’t do, it’s less likely you’ll get sued, as it’s harder for the other party to win. If you are someone who would stop and try to help in an emergency, make sure you understand the Good Samaritan laws where you live.
Click here for more information about Good Samaritan laws in your state.

Drew is the President/CEO of Arrow Safety, LLC, a safety consulting and training firm based in Glasgow, KY. Drew has over 15 years of experience in occupational health and safety, over ten years as a career Firefighter/EMT/HazMat Officer (Louisville, KY), and serves as an EMT for the Kentucky Dept. of Health's Medical Reserve Corps.
