The legalities of the duty to rescue – what state laws say about when you have to help and when you shouldn’t
Everyone wants to be a hero. They want to swoop in at the last moment, saving the helpless child from a burning building or the little duckling from a rushing storm drain and say, “Yes, that was me. I did that!” Then they get the key to the city for their bravery and pose for a picture in the newspaper.
Sometimes trying to help out, though, can only get in the way. We thought that we would take a look at Good Samaritan laws, because sometimes people have the best intentions... but things just don’t turn out the way they should.
Being a Good Samaritan
Each state has its own version of the Good Samaritan law, also known as the “duty to rescue” or “volunteer protection” laws.
They usually apply to those providing medical assistance, like the classic example of an off-duty doctor or nurse stopping on the side of the road to help a car crash victim. However, it could also apply to a drowning victim that someone swims out to help.
Concerning the doctor or nurse, that “off-duty” part is important. If the help was not in his or her capacity as a medical professional, then it was not covered by any sort of liability insurance. However, it would be covered by the Good Samaritan law of that particular state as long as he or she used reasonable care and the resources available at the time.
The laws won’t protect you if your actions were reckless or careless in any way. You can still be sued for civil or criminal damages if your help actually made the situation worse or injured the person further.
The important part to remember about being a Good Samaritan is that the laws won’t protect you if your actions were reckless or careless in any way. You can still be sued for civil or criminal damages if your help actually made the situation worse or injured the person further. This would fall under tort or criminal law, depending on how severe the actions were.
The duty to rescue
Generally speaking, there is legally no duty to rescue another person.
The courts have gone into very gory details in order to explain this. In Buch v. Amory Manufacturing Co., the defendant had no obligation to save a child from crushing his hand in a manufacturing machine. The court suggested an analogy in which a baby was on the train tracks – did a person standing idly by have the obligation to save him? Legally, no. He was a “ruthless savage and a moral monster,” but legally he did not have to save that baby.
An interesting and solid case to the contrary is Soldano v. O’Daniels, where the Court of Appeals of California bucked convention and stated that an employee did have a duty to help.
In that case, a Good Samaritan requested that a store employee use the phone to call the police, as a person was being threatened in a bar across the street. The employee denied the use of the phone to the Good Samaritan and refused to place the call himself. The person ended up dying, and the Court said, enough is enough. This person would not have died if that call had been placed, and someone has to take responsibility. They felt it was time to reexamine the traditional relationship of responsibility.
Normally, however, there is no duty to rescue. Soldano is a unique quirk in the legal system that has not overcome the four categories of duties, which we shall now discuss.
Legal categories of duty
When someone is in peril, injured or somehow incapacitated, there are certain situations in which a duty to rescue is pre-established. In these cases, reasonable assistance would need to be provided, and failing to come to the rescue of these parties would be grounds for liability.
- The defendant created the peril: If it was the person’s own negligence that created this situation, then he’d better figure a way out of it – and get the plaintiff out of it, too.
- There is a special relationship: This is a parent-child relationship, student-teacher relationship, inmate-correctional officer, or the like. If one has a special relationship with the other, then they are responsible for the other as well.
- They undertook an action: As we said in the beginning of this article, let’s say someone was drowning way out at sea. You decide to run out and be a hero, desperately swimming to meet your flailing friend. The other people on shore look at your churning limbs and think, “Wow, okay, he’s got this.” They decide not to intervene because of your actions. Halfway to your friend, your side cramps up and you realize, with a sinking feeling, that you can’t make it. You can’t do it. Your friend drowns, and nobody else helped because they thought you had control of the situation. Once a person begins a rescue, they have an obligation to finish it. If you fail to render aid, well... you blew it.
In Jones v. United States, the United States Court of Appeals for the District of Columbia discussed “at least” four categories of criminal liability in relationship to a case in which a baby died because of neglect. Those four categories are:
- A statute imposes a duty to care for another;
- One stands in a certain relationship status to another;
- One has assumed a contractual duty to care for another; and
- One has voluntarily assumed the care of another.
The court also discussed the theory of “omission,” where the absence of an act (here, neglecting to take care of a baby) resulted in someone’s death, which is chargeable with manslaughter. It’s a difficult balance.
Be careful when you help
Sometimes you will desperately want to help, and that’s a good thing. That is the right reaction to have. For instance, there might be baby ducklings on the highway that are about to be run over. You’ll have to make a choice: Let them be run over, or get out of your car and save them.
However, you might end up causing an accident yourself.
If you come across an accident, you don’t have to pretend to be a hero if you’re not ready to be one.
It’s okay to be the person who calls 9-1-1 instead of giving CPR if you don’t know how. You might make their injuries worse if you don’t really know what you’re doing. Don’t assume responsibility if you don’t know what to do. The victim will thank you for it.
If you did expose yourself to civil liability and need to know how to protect yourself, consider speaking with an Enjuris attorney.
Giving Narcan Can Save the Life of an Overdose Victim
Drug overdoses are becoming more commonplace, and you never know if you could be in a situation where you need to save someone’s life.
Terri says
What if someone jumps or falls from you moving vehicle
Are you legally responsible to call for help
Nancy Rapp says
Interesting question, Terri. The situations would vary, but there could be a negligence claim for a fallen passenger. A jump scenario would be tougher, but the negligence standard is “What would a reasonable person in the same situation do?”
Bianca says
If someone was overdosing and his friends failed to help him or call paramedics, could they be to blame?
Ian Pisarcik says
Bianca,
Generally, the friends in this situation would not have a legal duty to help and therefore could not be sued for failing to help.
However, in some specific instances, failing to help might give rise to liability. For example, if the friend started to help (for example, by driving the injured person to the hospital) – but then stopped (for example, by stopping halfway to the hospital and dropping the injured person off on the side of the street) – this might give rise to liability.
Nicole says
If that off duty doctor you mentioned witnesses a car accident on their way to work and did not help the people. Could they be held responsible for the victims in any way?
Retta says
If you witnessed a robbery and a person being beat, and didnt report it can you be charged for not reporting it?
Ian Pisarcik says
Retta,
Generally, you cannot be charged as you have no duty to report or step in to help. Though, we recommend reporting robberies in the future if you can do so safely.
Ian Pisarcik says
Nicole,
The off-duty doctor has no legal obligation to help (unless he or she establishes a relationship with the victim). However, the doctor might have an ethical obligation.
Mandy Proffitt says
Recently a man fell from a tow truck and died. Repo man/Driver was charged with failure to render aid . Do you think legally this will stick ? A supposed law student is saying charges are fake and will never stick
Ian Pisarcik says
Mandy,
Generally, a person doesn’t have an obligation to render aid. However, there are exceptions (for example, if the repo man started to render aid and then stopped or if the repo man was responsible for the accident and didn’t contact emergency services). You’ll need to talk to a lawyer in your area and explain all of the details.
david says
1…What if a person was shot, and his friend (a doctor) ran across the street, didn’t even call 911, is there any responsibility to render aid? Can he be sued?
2..What if the wife of the shooter was there, saw the shooting, was she responsible to render aid? Instead, she took the weapon, left and disposed of it.
Ian Pisarcik says
David,
Generally, there is no duty to render aid – even for off-duty doctor’s or spouse’s of the actor. The wife in this hypothetical would certainly have some other criminal liability issues, however.
Teresa C says
If someone knows a person was shot does he have a responsibility to get help? And if the person dies and that same someone knew he was in and out of consciousness and trying to crawl to help for a few hours, is that someone partially responsible for his death.
Ian Pisarcik says
Teresa,
You are generally under no legal obligation to get help for an individual who has been shot. However, this is not true in all situations (or all states).
Lindsey says
If you find a car on its side on the side of the road found out people were still in the car called 911 no one else was around I freaked out and froze so I waited down by the intersection to escort the ems to the scene (since it was pitch black) after ems showed up I just left didn’t talk to anyone, I am feeling soo guilty and want to find out if anyone lived, can I call the police dept and would give me answers?
Ian Pisarcik says
Lindsey,
It sounds like you did the right thing by calling 911. The police report might be available online (find out how to request a police report) and may address whether anyone was deceased at the scene.
John says
In NYS – Someone expresses a desire not to go to a hospital & has a authorized DNR… Another individual finds them unconscious(knows the situation), is there any criminal liability for not rendering aid?
Ian Pisarcik says
John,
Generally, an individual doesn’t have a responsibility to render aid to an unconscious person regardless of whether there is a DNR in place. There are, however, some exceptions.
Bill Christy says
In the case of an “assault with a deadly weapon” scenario, am I legally liable for NOT getting involved attempting to defend the victim?
Melissa Gold says
Hi, Bill. It’s very hard to answer this without knowing the specifics of the situation. Although every state has some version of a “Good Samaritan Law”, the circumstances vary by jurisdiction. If you’re concerned about your legal liability, you’ll want to consult with a lawyer for advice. Please feel free to use the Enjuris Personal Injury Lawyer Directory to find someone near you who can help. Best of luck!
Keri Cooper says
My son collapsed and his head hit the ground in the parking lot of a motel. The person at the front desk saw it on the monitor and did not go outside to render aid and my son died. Could that person or the motel be held liable? This happened in Houston Texas.
Lisa says
I have a question. As a nurse, if I came across a person in cardiac arrest, initiated CPR, and subsequently became fatigued while waiting for EMTs, would I be liable in a bad outcome? I do participate in codes at work, but I also have a congenital heart defect that leads me to faint after a few minutes of strenuous activity. I am additionally curious for a nurse with no health issues, because compressions will test your stamina in a short amount of time. As the person performing compressions becomes more ans more fatigued, the quality of the CPR is compromised. Thanks!
Ian Pisarcik says
Keri,
The parking lot employee is probably not liable for choosing not to render aid. However, the owner of the motel could potentially be liable under Texas’ premises liability laws depending on the nature of the accident. You may want to speak to an attorney in your area. Most initial consultations are free.
Harper Nalley says
Does a parent have to put their life in danger to rescue their child and if so, how much danger?
Shay says
What if a teacher goes into cardiac arrest while at work, and the school nurse finds him, leaves him, comes back and calls 911, but will not perform CPR, even though 911 operator is urging her to for over 2.5 minutes, and then she finally gives a few chest compressions seconds before EMS enters the room, in effect, she left the victim without appropriate care for about 5-8 minutes? Could she be held legally liable?
Ian Pisarcik says
Shay,
The specific laws that govern this issue depends on your state. However, doctors and nurses are treated a little differently than non-medical professionals, and, in most cases, the situation you described could lead to liability-particularly if it can be proven that the nurse’s actions represented a gross departure from the normal standard of care (and refusing to perform CPR here might qualify).
Ian Pisarcik says
Harper,
Generally speaking, a person doesn’t have a legal obligation to put their life in danger to rescue another person. However, some states consider the parent-child relationship a “special relationship,” and require the parent to make an effort to rescue the child. Even in states without this law, the parent might have an obligation to rescue the child in certain situations (for example, if the parent takes steps to rescue the child, they must “finish the job”).
Ian Pisarcik says
Lisa,
If you attempt to help an injured person by initiating CPR, you would (in most states) be covered by Good Samaritan laws. This means you would have to do something reckless or at least negligent to face liability. Simply running out of stamina while performing CPR (whether or not you have a health condition) wouldn’t rise to the level of negligence or recklessness.
Charles says
Ian,
Firstly, thanks for answering so many questions. I was recently involved in a car accident in which my car hit a pole (no other parties involved). I was taken to the hospital to have blood drawn due to suspicion of dwi. There were no illicit substances found in my system, no alcohol, no drugs, etc. While at the hospital I was not treated for my injuries. Two days later I continued to experience severe headache and was vomiting. I was taken to the ER and diagnosed with a mild traumatic brain injury. Is the police officer, hospital staff, or anyone else in this scenario liable? Thank you for any insights.
Missy says
Hi. I went to check on an elderly neighbor & found her on the floor by her bed with her back against the wall and TV on. For several reasons, I thought she had fallen asleep albeit in a very awkward position. She was breathing. I left and came back two hours later to check on her again, and this time to wake her up if she hadn’t already. However, when I tried to wake her, she didn’t respond. I called 911 and her family members and stayed with her throughout the ensuing hospitalization. I took a photo of her in the collapsed position; months later the family has requested I forward it to them. I read your definition of the negligence standard which is “What would a reasonable person in the same situation do?” My concern is that I didn’t call 911 immediately, that I thought she was asleep when someone else would have known there was a problem, and that I might be sued. What advice do you have? Thank you.
Ian Pisarcik says
Missy,
Generally speaking you don’t have an obligation to help another person. There is an exception if you undertook some action to help. I don’t think that checking on your neighbor rises to this level, unless someone asked you to check on the neighbor because they thought she might be injured. In short, based on the information you’ve given me, I don’t think you have anything to worry about.
Sheila says
If my son in law videos my daughters suicide attempt and doesnt call 911 is that legal?
Ian Pisarcik says
Sheila,
Generally speaking, it’s not illegal to fail to call 911 during a suicide attempt. However, there could be some other issues depending on your state and the circumstances surrounding the attempt. For example, filming could be illegal if your daughter didn’t consent. Similarly, if your son in law encouraged the attempt (or if videotaping can be interpreted as encouraging the attempt), he could face liability.
Tracy says
In New Jersey, does a nurse have a legal duty to provide care to an injured individual if the nurse CAUSED an automobile accident? (Nurse blew through stop sign resulting in the death of motorcycle rider, failing to render any aid.)
Morris Donald says
I was told that some states have laws that require to to render aid to someone if you saw but was not involved in a car accident. If I see a car accident some states have laws the force me to render some kind of aid even f that is just calling the police. Is there a list of which states force citizens to render aid. I know Michigan is not one of those states.
Thank you,
Ian Pisarcik says
Some states, including Vermont, have “duty to act” laws that require bystanders to provide “reasonable assistance” to a person who suffers grave harm. Michigan is NOT one of these states. Except in certain circumstances (doctor-patient, etc.), you’re not obligated to render aid (or even call 911) if you see someone involved in a car accident.
Of course, it’s generally a good idea to help if you can. In Michigan, bystanders who render aid voluntarily are immune from being sued as a result of the aid they provided.
Ian Pisarcik says
Tracy,
You have a duty to provide reasonable aid if you’re involved in an accident where someone is injured. This duty can likely be satisfied by simply calling 911.
Josh says
What if someone sees you laying on the ground dying. Are they required to at least call 911? Or can they just laugh and take pictures? I’m in Illinois, and was the one on the ground dying
Ian Pisarcik says
Josh,
I’m sorry this happened to you.
The general rule in Illinois is that there is no “duty to rescue.” This means that a bystander doesn’t have to call 9-1-1 or take any other actions to help an injured person.
There are some exceptions to this general rule. For example, if the person is injured in a car accident, the other drivers must render “reasonable aid.” In addition, if someone causes the harm, they must then help the person they injured. Finally, if there is a special relationship between the bystander and the injured person (doctor-patient, parent-child, etc.), the bystander must call 9-1-1 or otherwise render aid.
rco says
if i fell in a store while the party asked me to change a florencent light and i fell and recieved injuries he proceeded to move me but would not call 9 11for help for me was this his obligation to get me help
Ian Pisarcik says
Every state has different good Samaritan laws. In most states, if you begin to help someone, you can’t abandon them. Arguably, the individual you’re describing began to help you and then abandoned you. However, I would need to know more information about the accident to determine whether the individual could be held liable. I would recommend meeting with an attorney in your area. Most attorneys offer free initial consultations.
D N says
Question, in the state of Montana would a nurse student to graduate this spring be liable or neglegant in giving a gun to her ex boyfriend who was suicidal, who she knew was suicidal and had told her on 2 different occasions when she picked him up from the mountains in the week prior to his suicide that she had saved his life. Never told his family or tried to intervene or let anyone know he was suicidal, and then gave his gun to him on the day he committed suicide, only called his mom telling her to not let him leave the house several hours into the evening after giving him his gun . When his mom asked why? she was vague, she told his mom just don’t let him leave. He had been gone all day from his moms house, so mom became worried and started trying to get a hold of him, he did not answer her calls or texts, but had been texting the ex girlfriend prior to killing himself. Girlfriend never tried to get help for him or let his family know he was suicidal for a week prior to the incident. Could she be held negligent for not trying to intervene and giving him his gun when she knew he was suicidal? Remember she is going to be a nurse soon, but is in her last couple months of school.
Melissa Gold says
Hello, D. This sounds very complicated. You might be thinking about the well-publicized Michelle Carter case, in which a young woman was convicted of involuntary manslaughter after encouraging her boyfriend through a series of text messages to commit suicide. If you’re concerned about this nursing student’s liability, you might wish to consult an attorney who can evaluate the facts of the case and advise. If you need to find a Montana lawyer, please consider using the Enjuris lawyer directory to seek help.
Sandra says
I witnessed a high speed police chase with a motorcycle.. The motorcycle wrecked and the rider was injured. I called 911 but didn’t stop because I had been drinking earlier that evening. The motorcyclist’s mother is mad because I didn’t stop to assist. I was not aware it was my friend’s son until I was home.
Ian Pisarcik says
Sandra,
In most states, you are under no legal obligation to stop if you witness an accident. Nevertheless, I would be remiss not to mention how dangerous it is to drink and drive. You can learn more here.
Pam says
My son was trying to stay sober and get back into rehab. His “friend” came by and that’s the last time I saw him. He was with this friend all night, the next day and ended up at this person’s tent at a park. My son and 2 others went inside and used drugs. The other 2 were homeless and I was told stayed there. My son was overdosing and I’ve been told both (friends) left quickly (1 was seen running away) leaving my son to die. They did not call 911 or try to help. They did steal all his money, cell phone, debit card, ID, backpack with clothes, shoes, car and house keys etc. After my son’s death one of them continued to try and transfer my sons money to his own account. This went on for 7-10 days. They must have seen a photo of my debit card from my sons phone and tried using that. Wouldn’t that fall under negligent manslaughter or negligent homicide to leave someone to die…and in particular when they committed a crime afterwards?
Ian Pisarcik says
Pam,
I’m so sorry this happened to you. There is generally no liability for failing to render aid or call an ambulance. However, in California, Health and Safety Code § 11700 (known as the Drug Dealer Liability Act) permits the user (or family of the user) of an illegal controlled substance to recover damages from the person that knowingly markets a controlled substance if that substance normally requires a prescription.
In other words, you may be able to sue your son’s drug dealer for damages. You can also sue for any damages caused by the subsequent criminal acts. Keep in mind that, as a practical matter, drug dealer’s often don’t have the money to pay judgments against them.
Lee says
If a friend hires someone after a suicide attempt to help someone mentally and later starts an affair with someone that destroys you mentally and leads to attempted suicide in front of him by taking a bottle of Xanax as your employer/friend does he have a legal responsibility to stop or help save your life?
Ian Pisarcik says
I’m so sorry this happened.
Unfortunately, Virginia has adopted the “no duty to rescue” rule. This means a defendant does not have a duty to rescue a person who is in distress except in certain rare circumstances that don’t appear to be present in your case.
Sandra Brenden says
My 19 year old son Matthew brenden died in Bellevue Nebraska 10/20/19 from gsw to head. He was with 5 friends at one of their homes. They were all drinking they say my son accidentally shot him self but the 21 year old that was there who also brought the guns admits to loading one and hanging it to my son knowing how drunk he was then they say my son accidentally shot him self they then while he’s still alive roll him up in a blanket put him in trunk of a car and dump him while alive at a park then clean up evidence . Is there a wrongful death suit?
Ian Pisarcik says
I am so sorry for your loss.
There is absolutely the potential for a wrongful death lawsuit. I would recommend reaching out to a personal injury attorney in Nebraska. Most initial consultations with an attorney are free and the attorney will be able to explain your options. In the meantime, here are some tips about preparing for an initial consultation.
CPRInstructor says
If a healthcare provider is trained to perform CPR and comes across someone who is unresponsive in a park or who has been in an accident and is on the side of the road, is there an obligation to stop and assist? I obviously realize the morally right thing, would be assisting, but I was recently asked this during one of my CPR courses and didn’t know the answer. Can the healthcare provider be sued or charged for any wrongful doing, for not helping? Additionally, what if this occurs in an are where they suspect it is a trap, or don’t feel safe? Does the answer to these questions vary from state to state? We are in North Carolina.
John Smith says
What if a volunteer fire department gets called to a wreak, they arrive first on the scene and do not render any aid what so ever. And EMS shows up and starts CPR. And the patient later dies. Can the volunteer firefighters be charged with failure to render aid if they did nothing to help the patient?
Ian Pisarcik says
In general, there is no duty to rescue in Kentucky. There is, however, an exception to this general rule where there is a voluntary undertaking by the rescuer to help the victim. In such cases, the rescuer must take steps to complete the rescue.
You could probably make the argument that the volunteer fire department began to rescue the victim (by driving to the scene) and therefore had a duty to complete the rescue. I am, however, not aware of any Kentucky cases that have specifically addressed this issue.
KRMGV says
If a physician or a nurse have to stop and render aid if they witness a car accident in the state of Texas? If so, when did this law take affect?
Sarah S says
A husband and wife did drugs together, and the husband overdosed. The wife called the paramedics but did not disclose that drugs were involved, (because she didn’t want to get in trouble) resulting in the husbands death, can she legally be held responsible?
Merry Ann says
If a nurse ex-wife saw her ex husband hit in the head with a blunt object and did not seek treatment for me be held accountable? Then also not try to help him or call 911.
Logan says
Good day,
I have a question. My little sister found deceased by apparent suicide. According to what the boyfriend had told one of his close friends and my sister’s best friend and coworker. He said he had to “hide the drugs” before he decided to call 9-1-1.
This took place in Texas.
Marcia Little says
I work at a hospital in Michigan doing Covid screening in the front lobby. I am also an LPN. We recently had a man fall in the front of the hospital and I went to render aide as he had a head injury. I have been told by my supervisor that my nursing license is not valid (at the hospital) because I am screening at this time and because of this I should not be rendering aide to this person. Yet, they will let me give Covid-19 vaccinations. My question is, is my LPN license valid, even though I am screening and not in a clinical position all the time, how does my license factor into the situation and any other situation that may arise.
Melissa Gold says
Hi, Marcia. First, thank you for your work in health care during this very difficult time. My suggestion would be that you contact your human resources department in the hospital about this issue in order to find out the status of your license. It would seem as though if you have a state-issued license, its status should not be impacted by what your current role is in the hospital. However, your specific hospital or employer might have specific rules for what employees are permitted to do, especially during the pandemic. Definitely follow up with your human resources department to ask your questions if you can’t get adequate information from your direct supervisor.
Clare says
Hi, my elderly neighbor struggles with addiction and a heart condition. For years, there were obvious signs of drug traffic at the house. In the last 6 months he’s rapidly deteriorated and his pals are no longer around. Recently he was transported to the local hospital via ambulance 4 times in one week. Twice, I saw from my window. The third time, he called out to me from his front porch (our houses are close enough that I can hear him from my living room) asking me to call 911 for him, which I did. Each time, he was sent home the same day. He clearly was growing worse with each visit and return home. The next morning, he was again calling out for me from his front porch. He was bleeding profusely from his head and told me he had fallen. His pants were soaked with urine. He reported that he had been having delusions of people in his home. He was agitated and stumbling around and I could see that his house had been ransacked. I was begging him to sit down as he clearly was going to fall again. He wanted me to call his son so I left a message. I suggested that he needed immediate medical care, but my neighbor grew very agitated and closed the door in my face. I made the choice to call 911 and explained to the operator all of these details including the delusional thinking and the fact that I had called 911 for the man the day before and that he’d been picked up and sent home 3 previous times that very week. The 911 operator made the choice to send the police with the paramedics. The police officer on scene came to my house and told me his injuries appeared to be the result of a beating but the neighbor continued to state that he had been falling (he does fall a lot but I had never seen him so bloody). I recalled that my dog had been barking a lot the night before and noted that to the officer. I also provided the phone number of my neighbor’s son to the police. When the son returned my call via text, he was upset that the police were involved and he seems to be accusing me of having his father 5150’d. I don’t really know the outcome but I do know that the son is very angry with me for whatever has happened to my neighbor. I haven’t seen the neighbor home in at least a week. I am hopeful that he is finally getting some serious medical care that he seemed to need and was not getting due to his addictions. I am wondering if I have done anything wrong in this situation. The police officer called me back later in the day and assured me that I had probably saved the man’s life by calling 911, due to a possible severe head injury, but, I am very uncomfortable with the level of anger the son displayed towards me and feel fearful that I have done something wrong in this situation. I also don’t know how to handle future interactions with the neighbor. I don’t want to be involved at all any more, not even to call 911 but I do care as he is a vulnerable human being. Any suggestions from a legal standpoint will be appreciated.
Melissa Gold says
Hi, Clare. First, thank you for caring enough about your neighbor to help take care of him and make sure he gets the assistance he needs.
California has a Good Samaritan Law. Under this law, which is in the California Health and Safety Code Section 1799.102, when a person provides emergency care and acts in good faith without expecting compensation, they can’t be held liable for their acts or omissions. The law used to apply only to emergencies like accidents, but it was expanded to protect people who offer assistance for a medical or non-medical scenario.
All that means is that if you’re attempting to help your neighbor, you shouldn’t be liable in a personal injury lawsuit for anything that happens to him as a result. However, it sounds as though his son is complicating things for you in a way that might be unsafe. It’s ethical and kind to call for help if you suspect that your neighbor is in danger or having a medical emergency. If you ever feel threatened by his son (or anyone else) you should call the police because you shouldn’t suffer retribution for helping. Best of luck and stay safe.
Nancy says
I. There was a couple in washington state who had lived together for several years. and hehad gotten an inheritence and she was bitter he would not share with her. He had ben sick and she was caring for him. The trailer they lived in was filthy.filled with .cat urine,dog feces, truck load of dirty dishes, several truckloads of garbage and dirty laundry. Uninhabitabul. Totally unhealthy for a person to live in. Regardless she kept him on the floor, laying in this filth next to her bed. Each time she would get out or in bed (which is where she stayed because there was nowhere else to sit in house bcuz of garbage) she would have to step over him. He was found with his pants around his ankles on a blackened pillow and she had been dragging him back and forth to the bathroom, she says. He had soiled clothes on., drenched in choc milk and other substances, dried down the front of him with empty containers everywhere. She did not ask anyone for help or alert relatives of his condition or give him access to a phone to do so. She told investigators he wouldnt let her contact anyone to help. She left him lay there in this filth , for days, till he died. Only after he died did she contact anyone. He had recently received an inheritance from his father which she purposely had no access to. Minutes after he died she began making phone calls to sell his tools and behan using his card to withdraw money from his account daily until she denied access to it. She was able to withdraw 1000’s and continues selling his things without attempting to contact his estranged son, but legitimate heir.
dua musawar says
what happens in the situation you described ,,,,,,,,if i drop someone on the road side in a critical condition and what if the person kept telling me he would kill me once he feels better eve though i did not harm him in any way
Lee styron says
If a friend has attempted suicide and you own a business and offer them a job to help, but turn around start an emotional affair with the friend you hired in which leads the suicidal person to take a bottle of pills while the so called Friend/now employer watches and does nothing to stop or help the person and allows them to leave the office driving knowing that they need medical attention and could possibly injure or kill someone else behind the wheel of a car . Can charges be made against them or can they be held liable for their actions and choosing to do nothing after being friends for a good 20 years prior to the job offer?
kimberly says
My son was having problems breathing 38 years old,was sent home from work,his girlfriend at the time,walked out of house asked anyone know cpr, she then called me on phone and said my son wouldn’t wake up,I said call 911 and start cpr,end result my only son died,And come to find out she was pregnant by another man,she lied to sheriff’s dept said he had been out drinking, not ture according to corner, no alcohol, no drugs,
She didn’t live with him but was at his house when he died,she stated he was sick,I don’t know what to think,she took his cell phone,money out of his wallet, took work card and took over 1000.00 dollars off of it took his laptop,tablet,,I need to have this investigation looked at by attorney?
Melissa Gold says
Hello, Kimberly. I am so incredibly sorry for your loss.
Without all the facts for this situation, it’s hard to know what you should do. However, retaining the counsel of an attorney is never a bad idea. If you believe there’s a criminal case involved, you should talk with law enforcement. However, if you’re trying to recover money or belongings from the girlfriend (or someone else), that might be a civil proceeding (even small claims court). It would be best for you to find a lawyer and explain the circumstances around your legal questions. Best of luck.
florence says
Hello.I work in a skilled nursing home but there’s also another building which is the guest home. Sometimes, the health aid from the guest house would call me to help pick up someone off of the floor or check if they have injuries when they have fallen or check on someone who isn’t feeling well.I am not comfortable because they are technically not my patients.Will I be legally responsible if something happens to their patients and the family decided to sue?
Ian Pisarcik says
First of all, you have no affirmative duty to provide medical assistance to injured persons if you have not established a special relationship with the individual (such as a doctor-patient relationship). However, if you decide to provide medical assistance, you will be protected if the person is injured as a result of a negligent act. You will not, on the other hand, be protected if the person is injured as a result of gross negligence.
Ler says
Thank you for your response, it’s almost been a year now and it’s no better. My life was destroyed because of someone that was supposed to be my friend and create a safe place for me. Didn’t work out that way for me, instead I live knowing someone would actually let me die to save himself. Pretty sad he can’t be held responsible for the emotional damages he has caused me.
Pickleman says
Let me give you another thought. Let’s say we are required to help someone in need. Also, let’s say I was a malicious piece of garbage human being. What would stop me from making a living robbing people trying to “help” me?
I have a 100 scenarios in my head. Say I wade into a lake, pond etc. and pretend to drown in waist deep water. You get out and grab hold of me when I suddenly produce a weapon and demand everything you got. Say I pull over on a highway, take my plates off put my flashers on and wait for someone to be obligated to stop so I can rob them.
A law requiring helping others is stupid. You are forcing people into a dangerous situation.
Ian Pisarcik says
In the vast majority of cases, you are not required to help someone in need. This is because the law does not want a third party to feel forced into a potentially dangerous situation.
Jay Raps says
Does a doctor owe a duty of care to the victim of a car accident whom he passes on the road? What if the victim of the car accident was his personal patient?
Monica says
If a family member was stabbed and died about 3 hours later at the hospital. Coroner put down cause of death the stabb wound to their lung with too much blood loss. First 911 call came in at 320p the second one 20 minutes later asking where the paramedics were. The hospital was about 5 minutes away if that. First, would that be on the city or the first responders if filing a wrongful death. Second, what would the recourse be to the case involving the assailants?
Alex says
What if your husband falls and hits his head at home and is unconscious. You can see that he is unconscious. You leave him there for many hours before someone else comes and calls 911. He then dies. Would the wife be obligated to call 911 for her husband?
Ian Pisarcik says
In most states, the wife in your hypothetical would not be required by law to call 9-1-1 immediately. However, in some states, people with a “special relationship” are required to render reasonable aid. Examples include, spouses, employer and employee, and parent and child.
Eric says
Does a physician ( a resident physician but licensed) have to pull over on side of road if a car is on the side of the road but it is unknown why they’re pulled over on the side or only if its apparent they were involved in a car accident? Thanks
Daffy Duck says
My child lived with a partner for years. He had underlying health problems that the partner knew about. When my child needed emergency help the partner did not respond to getting the help. My child died. Can the partner be held responsible for not getting help for my child.
Melissa Gold says
Hello, there. First, I am SO sorry for your loss. It sounds like there could be a lot of factors here that would influence whether or not the partner is responsible. There could even be questions related to whether there’s either criminal or civil liability. I’d suggest that you call an attorney and present the evidence or facts as you believe them to be and get advice on how to proceed. Again, my sincere condolences for your loss.
You can find an attorney here: https://www.enjuris.com/directory/lawyers/texas/.
Orlando says
Can you be sued, or held liable for further Injury if a 911 operator instructed you to move an individual (for instance turn over an unconscious, possibly injured person)?
Jim says
In the state of Arkansas if an non payed volunteer fire fighter starts to render first aid and start cpr and is alone. Gets so exhausted and can’t continue to render aid and stops, and the victim dies.
Can the volunteer fire fighter be charged with an crime?
Friendly big mouth says
If My friend is someone that gives wrong advice to other food server coworkers and the coworkers got terminated because of that advise, has my friend under any obligation or could be sued or terminated?
Even if she thought workers rights are in violation. Advocator is not shop steward or attorney, Just girl talk/ gossip. For example once she said
“If you do not reset your tables, management will have to hire buss-boys to do that”
T Lee Meeks says
I was involved in a hit and run. After 3 attempts to move forward on the road, the party would not move. His friends did move to the side of the road. After my truck front end passed him , he stepped back with one leg causing the front tire to run over his foot. I immediately backed up to get off his foot. But then his friends and himself attacked my truck. They were banging on windows trying to open my doors including the injured party. I felt that my life was being threatened so I left the screen. I felt the party was not injured because he got up and came to my side and began hitting my window. I drove home and was contacted two days later by the police.
The guy had been drinking and would not move . The reason he was hit was when he stepped back.
Ian Pisarcik says
Generally speaking, you don’t have to get out of your car and exchange information if it is unsafe to do so. However, you would still be required to contact the police immediately. Because you failed to do so, you may be charged with a hit-and-run. If the potentially injured party decides to sue you, the hit-and-run would be irrelevant to the personal injury lawsuit. Instead, the issue in the personal injury lawsuit would be whether or not your actions caused the injuries he claims.
Cynthia says
I woke with an excruciating dislocated shoulder and was unable to get out of bed. My husband was there for the following 8 hours while I begged him for help, for him to call 911 or bring me my phone from another room so I could call. When my son happened to come by he found me sobbing and begging, lying in my own waste since my husband also refused to help me get up to go to the bathroom, Finally in the ER, a doctor told me he had been unable to fit my arm back into the socket because of the extreme swelling, bleeding and tissue damage that happened in the hours of being untreated. I now have nerve damage in my entire right arm and hand and a very limited range of motion in that arm, due to fractures that remained untreated for too long. I am disabled now and have no means of support. Now he is divorcing me. I am 71 and unable to work in this condition and he refuses spousal support. In California, was this illegal failure to render reasonable assistance?
Brenda says
What if an RN knows for weeks that their fiancé is deathly Ill and tells them to seek medical help for weeks but refuses to go over and he’ll them get help. All the while telling them they’re going to die. Then the person starts telling them they have life insurance, amd they think they’re dying and does actually die, and the fiancé offered them no physical help for 2-3 weeks. But left them there to sit in their own feces, and blood? Could they loose their license?
Stephen Goodnow says
What if you were found over dosing by your mother she took your child left the scene you and your wife unresponsive. Never calling 911. I found out by cps that I was unresponsive. I was left to die by my mother. She left with my kid never called 911. But called cps and still yet no one came to render aid. I regained consciousness at 5:30 that evening my daughter was reported took at 1:30. The report indicates they found me unresponsive neglecting my kid. But inturn my mother neglected her son by taking mine and leaving me to die. This is gross neglect and should over run the good Samaritan laws and or duty shes my mother and she new I was unresponsive reported beating on my chest then left without calling 911