The term “Good Samaritan” usually refers to a person who goes out of their way to help another without expecting anything in return. For instance, after a car accident, a Good Samaritan may attempt to render aid to victims until first responders arrive on the scene. However, have you ever wondered what happens if a victim suffers even more injuries because of the Good Samaritan’s actions?
Thankfully, Georgia has a Good Samaritan law in place to protect individuals who decide to help others. These Good Samaritans often risk their own health or life to help someone else, and they should not have to fear being held liable if something goes wrong. Dive into all the details below to learn more about Georgia’s Good Samaritan law.
The Basics of Georgia’s Good Samaritan Law
Georgia’s Good Samaritan law has been in place for over 60 years, and it has gone through a few changes over the years. For the most part, it has been strengthened to provide more protection to individuals who attempt to render aid in emergency situations.
GA Code § 51-1-29 forms the basis for the Good Samaritan law in the state. Under this law, any person who renders emergency aid to a victim at the scene of an accident is shielded from civil liability for further damages. As long as the Good Samaritan was acting in good faith, they cannot be held liable for acts or omissions that caused additional injuries in most cases.
The other thing to note is that the victim must not have been charged for the services rendered. This means that the Good Samaritan must have been acting in good faith out of the goodness of their heart when rendering aid. They should not be expecting to receive money or other compensation in return.
Who Does the Good Samaritan Law Apply To?
The Good Samaritan law applies to any person rendering emergency care or aid in good faith at the scene of an accident or emergency, including:
Doctors
Nurses
Anyone licensed to practice medicine or surgery
Ordinary citizens
The Good Samaritan law also shields those who attempt to use an Automated External Defibrillator (AED) from civil liability as long as they acted in good faith and were not intentionally negligent. Property owners who make the AED available are also generally shielded from liability. This aspect of the law encourages property owners to make AEDs available to be used in case the paramedics cannot reach the scene fast enough.
It is interesting to note that the Good Samaritan law even extends to doctors and other healthcare professionals as long as they do not charge for their services. For instance, if a doctor is driving home from their shift at the hospital and witnesses a motorcycle accident, they may attempt to render aid to the victim. As long as their actions are done in good faith and without charge, they would be covered under the Good Samaritan law.
You should also remember that Georgia law places no obligation on bystanders or witnesses to render aid. If someone chooses not to render aid, they are within their rights to make that choice. The Good Samaritan law protects those who voluntarily decide to help someone in need.
What Kinds of Liability Are Good Samaritans Shielded From?
Victims of accidents may be entitled to recover both economic and non-economic damages from the at-fault party. This includes monetary losses, such as medical bills and lost wages, plus pain and suffering damages.
Good Samaritans acting in good faith would be shielded from any further damages they may cause, including:
Additional medical bills
Lost wages
Pain and suffering
Emotional distress
Loss of quality of life
Loss of consortium
This legal protection ensures that Good Samaritans can assist others in critical moments without the fear of being held liable for unintended consequences.
Why Legal Protection for Good Samaritans Matters
Even with the best of intentions, not every Good Samaritan is successful. Thankfully, the law protects Good Samaritans who fail to save someone’s life or who inadvertently make their condition worse from civil penalties. This allows more people to step up and offer help in emergency situations without fear of civil penalties or being on the hook for a large sum of money if they fail.
Contact an Augusta Personal Injury Lawyer at Nicholson Revell Personal Injury Attorneys Today