Good Samaritan law
Good Samaritan laws offer legal protection to people who give reasonable assistance to those who are, or whom they believe to be injured, ill, in peril, or otherwise incapacitated. The protection is intended to reduce bystanders' hesitation to assist, for fear of being sued or prosecuted for unintentional injury, negligence, or wrongful death. An example of such a law in common-law areas of Canada: a Good Samaritan doctrine is a legal principle that prevents a rescuer who has voluntarily helped a victim in distress from being successfully sued for wrongdoing. Its purpose is to keep people from being reluctant to help a stranger in need for fear of legal repercussions should they make some mistake in treatment. By contrast, a duty to rescue law requires people to offer assistance and holds those who fail to do so liable.
Good Samaritan laws may vary from jurisdiction to jurisdiction, as do their interactions with various other legal principles, such as consent, parental rights and the right to refuse treatment. Most such laws do not apply to medical professionals' or career emergency responders' on-the-job conduct, but some extend protection to professional rescuers when they are acting in a volunteer capacity.
The principles contained in Good Samaritan laws more typically operate in countries in which the foundation of the legal system is English common law, such as Australia. In many countries that use civil law as the foundation for their legal systems, the same legal effect is more typically achieved using a principle of duty to rescue.
Good Samaritan laws take their name from a parable found in the Bible, attributed to Jesus, commonly referred to as the Parable of the Good Samaritan which is contained in Luke 10:29–37. It recounts the aid given by a traveller from the area known as Samaria to another traveller of a conflicting religious and ethnic background who had been beaten and robbed by bandits.
Regions
Good Samaritan laws tend to differ by region, as each is crafted based on local interpretations of the providers protected, as well as the scope of care covered.Australia
Most Australian states and territories have some form of Good Samaritan protection. In general, these offer protection if care is made in good faith, and the "Good Samaritan" is not impaired by drugs or alcohol. Variations exist between states, from not applying if the "Good Samaritan" is the cause of the problem, to applying under all circumstances if the attempt is made in good faith.Belgium
The Belgian Good Samaritan Law imposes on anyone who is capable to aid a legal duty to help a person, who is in great danger, without putting himself or others in serious danger.Canada
In Canada, good Samaritan acts fall under provincial jurisdiction. Each province has its own act, such as Ontario's and British Columbia's respective Good Samaritan Acts, Alberta's, , 's and 's Emergency Medical Aid Acts, and Nova Scotia's Volunteer Services Act. Only in Quebec, a civil law jurisdiction, does a person have a general duty to respond, as detailed in the Quebec Charter of Human Rights and Freedoms.An example of a typical Canadian law is provided here, from Ontario's Good Samaritan Act, 2001, section 2:
China
There have been incidents in China, such as the Peng Yu incident in 2006, where good Samaritans who helped people injured in accidents were accused of having injured the victim themselves.In 2011, a toddler called Wang Yue was killed when she was run over by two vehicles. The entire incident was caught on video; it shows eighteen witnesses seeing the child but refusing to help. In a November 2011 survey, a 71% majority thought that the people who passed the child without helping were afraid of getting into trouble themselves. Following the event, China Daily reported that "at least 10 Party and government departments and organizations in Guangdong, including the province's commission on politics and law, the women's federation, the Academy of Social Sciences, and the Communist Youth League, have started discussions on punishing those who refuse to help people who clearly need it." Officials of Guangdong province, along with many lawyers and social workers, also held three days of meetings in the provincial capital of Guangzhou to discuss the case. It was reported that various lawmakers of the province were drafting a good Samaritan law, which would "penalize people who fail to help in a situation of this type and indemnify them from lawsuits if their efforts are in vain". Legal experts and the public debated the idea in preparation for discussions and a legislative push. On 1 August 2013, the nation's first good Samaritan law went into effect in Shenzhen. On 1 October 2017, a national Good Samaritan law came into force through Clause 184 in Civil Law General Principles.
Finland
The Finnish Rescue Act explicitly stipulates a duty to rescue as a "general duty to act" and "engage in rescue activities according to abilities". The Finnish Rescue Act thus includes a principle of proportionality which requires professionals to extend immediate aid further than laypersons.The Finnish Criminal Code stipulates:
France
In France, the law requires anyone to assist a person in danger or at the very least call for help. People who help are not liable for damages except if the damages are intentional or caused by a "strong" mistake.Panama
The Good Samaritan Law in Panama, officially known as Law 57 of 2016, regulated by Executive Decree 346 of December 26, 2017, protects those who provide assistance in emergency situations, releasing them from legal liability for damages caused to the person assisted, provided that the help is offered in good faith and without profit. This law seeks to encourage emergency assistance by reducing the fear of being sued for unintentional errors during care.Germany
In Germany, failure to provide first aid to a person in need is punishable under § 323c of its criminal penal code. However, any help one provides cannot and will not be prosecuted even if it made the situation worse or did not fulfill specific first aid criteria. People are thus encouraged to help in any way possible, even if the attempt is not successful. Moreover, people providing first aid are covered by the German Statutory Accident Insurance in case they suffer injury, losses, or damages.India
There were around 480,000 road accidents in India in 2016, in which 150,000 people were killed. The Good Samaritan law gives legal protection to the good samaritans who help accidents victims with emergency medical care within the "Golden Hour". People are thus encouraged to help in any way possible, even if the attempt is not successful.Ireland
The Civil Law Act of 2011 introduced legislation specifically addressing the liability of citizen good Samaritans or volunteers in the Republic of Ireland, without introducing a duty to intervene. This act provides for exemption from liability for a person, or voluntary organization, for anything done while providing "assistance, advice or care" to a person who is injured, in serious risk or danger of becoming injured or developing an illness. There are exclusions for cases of "bad faith" or "gross negligence" on behalf of the carer, and incidents relating to the negligent use of motor vehicles. This Act only addresses situations where there is no duty of care owed by the good Samaritan or the volunteer.The pre-hospital emergency care council specifically addresses the good Samaritan section of the Civil Law Act of 2011 and states that "The use of skills and medications restricted to Registered Practitioners would be covered under the 'Good Samaritan' Act. This Act assumes that you had no intention to practice during this time and that you acted as a Good Samaritan, assisting until the Emergency Services arrive on scene and you can hand over."
Israel
In Israel, the law requires anyone to assist a person in danger or at the very least call for help. People who help in good faith are not liable for damages. Helpers are eligible for compensation for damages caused to them during their assistance.Japan
In Japan, there are some laws that serve as an equivalent to Good Samaritan laws. For example, article 37 of the penal code states that:"An act a person was compelled to take to avert a present danger to the life, body, liberty or property of oneself or any other person is not punishable only when the harm produced by such act does not exceed the harm to be averted; provided, however, that an act causing excessive harm may lead to the punishment being reduced or may exculpate the offender in light of the circumstances."
Another Good Samaritan law appears in Article 698 of the Japanese civil code, where the law offers the helper protection from liability stating that:
"If a manager engages in benevolent intervention in another's business in order to allow a principal to escape imminent danger to the principal's person, reputation, or property, the manager is not liable to compensate for damage resulting from this unless the manager has acted in bad faith or with gross negligence."
Furthermore, health professionals are subject to Duty to Rescue Laws.