Understanding Georgia’s Good Samaritan Law

Understanding Georgia's Good Samaritan Laws

Why Georgia’s Good Samaritan Law Matters

For many people, stopping and helping is an instinct, even if they get into harm’s way and are themselves injured. Unfortunately, sometimes this help can cause more harm than good — leading to injury or even death to the person that was supposed to be receiving help. Inexperienced providers of help may do nothing but make a situation far worse.

When help does more harm than good, can the victim of such “help” gain financial compensation? What are the legal avenues for litigating someone that harmed you while “trying to help?”

The Good Samaritan law in Georgia offers legal protection for those who step up to help others in a difficult situation. In this article, we’ll summarize Georgia’s Good Samaritan, and explain what the law can mean for you — whether you’re the helper or the one being helped.

What Is A “Good Samaritan?”

The term “Good Samaritan” describes someone who unselfishly helps others in need without any expectation of reward or recognition — originating from a parable in the Bible known as the “Parable of the Good Samaritan,” found in Chapter 10 of the Gospel of Luke. In the parable, a Samaritan helps a traveler who has been robbed, beaten, and severely injured, while others pass by the injured party without helping.

A modern-day “Good Samaritan” is someone who acts out of kindness and compassion to help someone who needs assistance in an emergency. This can be anything from a stranger changing a flat tire, helping someone who has fallen, or supporting a person in an emergency such as a car accident or truck crash. A “Good Samaritan” can be a medical professional or someone without medical training. The key characteristic of a “Good Samaritan” is their willingness to give help to others in times of need and go above and beyond what’s expected without compensation.

What is the Georgia Good Samaritan Law and Who Does it Protect?

The Good Samaritan law in Georgia is intended to protect bystanders and witnesses from civil liability when they help someone without expecting payment or other reward. The aim of the law is to encourage people to step in and help where they can, especially in a life-threatening situation. In many cases, a nearby “Good Samaritan” can help save a life before first responders arrive.

The Georgia Good Samaritan Law (Georgia Code Section 51-1-29) states that “who in good faith renders emergency care at the scene of an accident or emergency to the victim or victims thereof without making any charge” is protected from civil liability. The point is to encourage citizens to feel free to assist in a situation without fear of reprisal or being sued.

This definition dictates that a good Samaritan can be anyone standing close enough to render assistance, whether or not they have medical training, to someone in an emergency. First responders, doctors, nurses, and others who perform emergency medical assistance “in good faith” without receiving compensation can also be considered “Good Samaritans.”

Additionally, “Good Samaritans” must refuse any form of compensation, whether money or other type of gift. This can be seen as asking for and/or accepting compensation and can lead to a lawsuit later.

This does not mean that you have a legal obligation to assist in an emergency. It simply means that if, as a bystander, you choose to act in a situation where another person needs help, you cannot be sued for it, even if they die or are injured further as a result.

Rendering first aid or other assistance includes the risk of additional injury or being unsuccessful. It’s important for “Good Samaritans” to attempt a medical procedure that is beyond your abilities without assistance from trained medical professionals, such as paramedics or a 911 operator who can guide you.

Are First Responders Protected Under Good Samaritan Law?

Because first responders are paid to assist on call, they are not protected by the Good Samaritan law if they cause harm. They have a legal duty to assist where needed and are trained to help, are acting in the scope of their employment, and are paid for their services. If they are negligent in their duties, they can also be held responsible, and any injured party may also collect damages from them.

Are Volunteer Medical Professionals Protected Under Good Samaritan Law?

Doctors, nurses, and other healthcare professionals sometimes offer their services free of charge to schools, nonprofits, and to other good causes. In these scenarios, they cannot be held civilly liable except in cases of gross negligence or intentional misconduct.

Can I Sue a Good Samaritan For Doing More Harm Than Good?

In most cases, no, you can not sue a good Samaritan for doing more harm than good in their efforts to provide help. The law protects anyone who in good faith renders emergency care at the scene of an accident or emergency to the victim or victims thereof without making any charge.” In turn, the only way you can sue a “good Samaritan” is if they charged you for their services or did not act in good faith.

Take, for example, if a certified EMT breaks your arm due to a mistake they made while attempting to drag you out of a car while on duty. In that case, the EMT does not fall under the definition of being a “good Samaritan”;  in turn, you might be able to sue that EMT for damages.

Additionally, if you suspect a “good Samaritan” intentionally harmed you, and can prove that they did not act in “good faith,” the provider’s help also fails to fall under the definition of a “good Samaritan.” Discussing how and what qualifies as “good faith” can be difficult, requiring the help of an experienced injury attorney.

When Was The Georgia Good Samaritan Law Passed?

The original Georgia Good Samaritan Law was passed in 1962. Since then, Georgia has had the law in place with multiple revisions and updates throughout the years.

The initial idea of the law was to encourage more citizens to step up and help when needed while shielding them from possible litigation for doing the right thing. Throughout the years, the law has generally applied as long as people were not negligent, acted in good faith, and did not expect or ask for compensation for their service.

Each update to the law further addressed specific situations that qualify under the law that may have been previously unclear. Here are a few notable additions to the law.

Georgia Good Samaritan Law for CPR and AED

Cardiac arrest, aka, a heart attack, is always a medical emergency. Immediate help is needed to save the life of someone suffering from cardiac arrest.

Automated External Defibrillators (AEDs) are available in many places for immediate use when needed, such as schools and large businesses. The purpose of these devices is to keep a person’s heart beating until help arrives and the person is stabilized. However, not everyone has been trained in their use; in turn, there may be difficulties using AEDs that lead to injuries.

Good Samaritan law protects:

  • The individual using the AED
  • The property owner of the place where the device was installed
  • Medical personnel overseeing the device’s installation
  • Any individual who provides training for the AED

Should the AED fail, someone may then attempt Cardio-Pulmonary Resuscitation (CPR) to try and save someone’s life.

Because not everyone has CPR training, this may also injure the person, leading to cracked ribs or other ailments. These injuries can even happen with someone CPR certified, or with medical personnel; ultimately, this technique also may be unable to save the person. In these cases, the Good Samaritan is exempt from litigation for attempting but failing to save a life.

Georgia 911 Good Samaritan Law (Medical Amnesty)

Drug and alcohol overdoses frequently lead to medical emergencies that could become fatal without assistance. Deaths from opioid overdoses have also increased considerably in the last several years.  Those who can help someone overdosing may fear prosecution if they call for help, leaving them with a conundrum. Should they call 911, and risk possible arrest, or risk the other person not surviving?

Georgia’s 911 Medical Amnesty Law [Georgia Code § 16-13-5 (2022)] lets someone call for help from first responders with amnesty from arrest, prosecution, or conviction on substance abuse charges. Law enforcement cannot charge the caller with most drug-related crimes even if the only evidence is from the 911 call. This includes possible violations of probation, parole, or pretrial release conditions, as well as restraining and protective orders that would otherwise prevent lifesaving contact.

The law also provides expanded access to Naloxone, the emergency drug that can reverse the effects of an opioid overdose in some cases.

If you witness someone experiencing an overdose, call 911 for help immediately.

What If The Good Samaritan Was Also Injured?

Good Samaritans may also experience injuries themselves while rendering aid, especially during car accidents. The law protects a Good Samaritan from being sued by the person to whom they rendered assistance. But what if the Good Samaritan was injured or killed in the process of assisting someone else?

The person who inflicted harm on the Good Samaritan would become liable for their injuries, just as they would for any other personal injury. This could be another driver, a bus or train operator, or even a pedestrian.

Whether it’s the same person who injured the person they were helping, or a different individual, the Good Samaritan may also file a claim for personal injury to collect compensation for themselves. The negligent party can be held responsible for the Good Samaritan’s injuries and losses as well.

Please understand that the above is merely a general discussion and is not legal advice. If you have been sued by someone you assisted in an emergency, you are strongly advised to consult with an experienced Georgia Good Samaritan attorney.

Who is Liable for Negligence Within Good Samaritan Cases?

For both the original victim and the Good Samaritan, negligent parties should be held responsible for any and all injuries sustained — whether the victim and Good Samaritan were harmed by the same or different parties. Determining full responsibility for negligence, however, requires the help of an attorney.

Apolinsky & Associates, LLC is a Georgia-based personal injury law firm that also practices law in Alabama. With over 50 years of combined experience, its lawyers represent individuals who have suffered catastrophic injuries or their families when someone died because of the negligence of others. To learn more about what compensation might be available, contact us today to schedule your appointment for a free consultation.

 

About the Author

Stephen Apolinsky

Stephen D. Apolinsky is a Personal Injury Attorney who specializes in representing individuals and families concerning wrongful death and catastrophic injury cases. Stephen is licensed to practice in Georgia, Alabama, and the District of Columbia. With over 33 years of experience representing personal injury victims, Stephen has successfully tried over 80 cases to verdict before judges or juries, and has negotiated over 300 cases to out-of-court settlements. Stephen has been recognized as a Georgia Super Lawyer, and as a Top 100 Trial Lawyer by the National Trial Lawyers Association.