By Roy Gordon, AHA BLS instructor/EMT (Updated February 21, 2025)
The Good Samaritan Law (GSL) was created so that people aren’t afraid to help someone in an emergency situation. However, does this protect us from being sued? In the United States, somebody can sue you for whatever they want, but will their case hold-up in court?
You can make the difference between life and death before Emergency Medical Services (EMS) arrive on scene. The GSL is applicable in all 50 States, but each state has different language applicable to the law.
When you act ‘reasonably’ and in ‘good faith’ The GSL is on your side.
The help that you provide must be within your level of training to be considered reasonable. You can’t reset a femur fracture based on your watching a YouTube video. But if you learned how to apply a tourniquet in a first aid class, and you got their permission to help them, then you are protected under the GSL
However, be wary that If you help someone while under the influence of drugs, or alcohol you could be held liable for making a mistake(s), as that would be considered acting unreasonably, and you are better to step back and let someone else help unless you know them.
Even If your CPR certification is not current (within two years for American Heart Association CPR certification) you are still protected by The GSL. In fact, you don’t have to be certified in CPR at all to be covered under the law. Please see our article and videos on Hands-Only CPR.
Do you want somebody without medical training saving your life if you stop breathing?
Consider, if you needed help and they were the only person around.
A Good Samaritan can either be a lay-rescuer, or a medical Professional, but a medical professional cannot be working ‘on the clock’. Even if they are still in their scrubs on their way home from work if they stop to help somebody, as long as they are not being paid ‘on the clock’ they are still a good Samaritan. They would not be held to the same standard as in a hospital.
As of the writing of this updated article I have yet to hear of a single instance of someone that was sued for administering CPR to a person that stopped breathing.
The GSL even protects employees working on the job as long as they are not working in a medical capacity. Let’s say a Personal Trainer Certified in CPR saves a iperson at the health club where they work, and they perform compressions in the wrong place. This would create more rib fractures than normal, but they are still covered by The GSL. Please see our article on ‘Saving Women’ for the proper technique to find your hand placement for compressions.
Important side note: Performing CPR on a woman is exactly the same technique as a man, even if she is pregnant.
People describe Good Samaritan’s as being heroes.
Hero’s have a way of empathizing with a person in a dire situation, whether it be pulling someone from a burning vehicle, or performing CPR on them. They don’t hesitate to help even though they are taking a risk. They will always tell you that they don’t see themselves as a hero which further exemplifies why everyone loves a hero.
Although they may be acting instinctively they must be acting safely, or else they most likely wouldn’t be here to tell us their story! When it comes to dangerous situations the first step taught in CPR classes, and in all emergency training programs for that matter, is to make sure the ‘scene is safe’. “Ensure that the scene is safe” it’s like a mantra in every AHA (American Heart Association) CPR training class, or First Aid class. You might be ensuring that the scene is safe in your sleep after the course.
Implied Consent Vs. Expressed Consent
If someone is unconscious and/or not breathing it is implied that they would give their consent to life-saving treatment if they were able to do so. When it comes to helping minors not accompanied by a parent, or people who are mentally impaired and not with a caregiver, then you can also use implied consent. In the case of minors accompanied by a parent they should give consent for you to help. If a parent does not give consent to help, then wait for EMS to arrive.
On the other hand if you render First Aid for someone who is able to talk to you, then it is imperative to get an expressed, verbal consent from them before you help. If you provide First Aid to someone and do not get their consent, then it could be considered assault and/or battery and you could be liable for any damages. You could be sued even though you did a perfect job helping them!
An actual case that occurred in court was a victim of a motor vehicle accident who was going to lose his leg if a good Samaritan didn’t apply a tourniquet. This person saved the victims life. Sadly, they were sued and lost in court. The victim did not want to live without his leg. If the rescuer was given consent this never would have happened! If somebody refuses your help you can ask them again letting them know of the consequences if you don’t help them. If they respond negatively a second, or third time then walk away. At least you tried and you are still a ‘really’ Good Samaritan.
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