First Response Liability

The Good Samaritan Doctrine is a legal principle that protects a rescuer, who has voluntarily helped a victim in distress, from being sued for their actions should the situation not turn out as everyone would hope. Although the language of the Good Samaritan Law varies from state to state, the overriding imperative of the legislation is to provide protection to individuals, acting "in good faith", who assist others during an emergency. The United States Congress passed the Cardiac Arrest Survival Act (Public Law 106-505) in November 2000, which effectively allowed Congress to bridge the liability protection gap in those states not having Good Samaritan laws in place.

In California, Senate Bill 601 went into effect January 1, 1978. This is specifically identified in the statutes as Section 1714.2, Chapter 595, of the California Civil Code. This is a Good Samaritan Law, which protects the average person from being sued if he attempts to give emergency cardiac care or in other ways attempt to provide aid in a medical emergency. It specifically exempts the non-professional person, who in good faith renders emergency first aid, including, cardiopulmonary resuscitation at the scene of an emergency, from civil liability for any damages resulting from an act or omission in rendering the emergency care.

The latest and most complete Good Samaritan Statute is Assembly Bill 1301 which became law in the State of California on May 10, 1978. There are two sections of the statute which have a great significance on the rendering of emergency medical care to others and they are identified as sections 1766 & 1767, Article 4, Chapter 130 of the California Health & Safety Code.

Section 1766 reads: "In order to encourage local agencies and other organizations to train people in emergency medical services, no local agency, entitys of state or local emergency medical services, no local private organization which sponsors, authorizes, supports, finances or supervises the training of people, ...in emergency medical services shall be liable for any civil damages alleged to result from such training programs."

Section 1767 reads: "In order to encourage people to participate in emergency medical services training programs and to render emergency medical services to others, no person who in good faith renders emergency care at the scene of an emergency shall be liable for any act or omission."

Thus, there is very clear-cut protection for the would-be rescuer. Now, he or she can give help with complete peace of mind and concentrate on the help that is being given rather than having to worry about whether the help should be given at all. The rescue attempt is an act of mercy and has complete immunity from civil suit under the law.

Disclaimer: because state law varies from jurisdiction to jurisdiction, and often governs how the rescuer is protected, the laws governing their actions, by the state within which they reside, should be reviewed to define an individual's eligibility for protection.