VocabuLaw

Good Samaritan Law

What is it and what does it mean?

Description of the legal term Good Samaritan Law:

Good Samaritan laws refer to legal provisions designed to protect individuals who choose to assist others in distress from being sued for unintentional injury or wrongful death as a result of their assistance. In the United Kingdom, unlike some other jurisdictions, there is no specific ‘Good Samaritan’ law that provides blanket protection for all who act in emergencies. However, the concept is recognized in various ways through different legal mechanisms.

In general, UK law does not impose a duty to rescue or assist someone in peril, except in certain specific relationships (such as those between a parent and child or an employer and employee). However, once a person does decide to help another, the law envisages a duty to act with reasonable care. The person offering assistance (commonly referred to as a ‘rescuer‘) must not act recklessly or negligently in such a way that it causes harm to the victim. Provided the rescuer acts in a manner that a reasonable person would consider to be sensible under the circumstances, it is unlikely that they would be found liable for any negative outcomes of their intervention.

Professional rescuers, such as off-duty medical personnel, may be held to a higher standard given their training and expertise. However, even they would generally not be held liable for honest mistakes or judgment errors made in challenging and urgent circumstances.

The courts also take into consideration the concept of “volenti non fit injuria” (to a willing person, it is not a wrong). If the person receiving aid consents to the assistance and is aware of any risks involved, they may not subsequently hold the rescuer liable for injuries sustained as a result.

Legal context in which the term Good Samaritan Law may be used:

Consider an example where a pedestrian sees a cyclist hit by a car. The injured cyclist is lying in the road, and the pedestrian rushes to move the cyclist to the sidewalk. In the process of doing so, the pedestrian accidentally causes further injury to the cyclist. The cyclist might feel inclined to sue the pedestrian for the exacerbation of their injuries. However, a consideration would be made as to whether the pedestrian acted reasonably under those emergency circumstances. If the roadside was dangerous and leaving the cyclist in the road would have likely resulted in further harm, the pedestrian’s actions could well be deemed reasonable and they may not be found liable for the injury caused during the rescue attempt.

Now, consider a scenario where an individual at a restaurant begins to choke on their food. A nearby diner, who has basic first-aid knowledge, intervenes with an attempt to perform the Heimlich maneuver. Despite their efforts, the choking individual suffers a broken rib. Assuming that the maneuver was performed correctly to the best of the intervening diner’s knowledge and ability—considering the urgency of the situation—they would likely not be held liable for the unintentional injury. Their actions were in good faith during an emergency, with the intent to save the choking person’s life.

By acknowledging the unpredictable nature of emergencies and the value of having citizens willing to help one another, the approach to these situations in UK law creates a balance between promoting altruistic acts and ensuring a measure of accountability for those who offer assistance. The complex interplay of statutory law, common law principles, and societal expectations thus governs the legal understanding and treatment of acts by those prompted by the desire to help others in urgent and distressing situations.

This website is for informational purposes only and may contain inaccuracies. It should not be used as a substitute for professional legal advice.