Many of us have been in a situation where you come across someone in distress. It can be on the road, where you find a person after a car collision, a person drowning, or in many other different situations. Some people, especially medical professionals who are not working, may hesitate to help the person in distress, as if the rescuer makes a mistake, they feel like they may be held liable in a court. For failure to adequately rescue a person.
Why are Good Samaritan Laws Needed
Due to this, the legislatures in many States have addressed this issue by creating a “Good Samaritan Law”. These laws create special dispensation for a person who may attempt to rescue a person but is ultimately unsuccessful. These laws do not apply to a person who causes the accident or the emergency situation to come about, it must be someone who attempts to render aid after the emergency has come about.
When a person comes across a dangerous situation and someone is in peril, the person who comes upon that scene has no duty to render aid or rescue the person in danger. However, as a society we want people to intervene, and save a person’s life. The courts understand that in emergency situations the require a bystander to step in, the bystander may make a mistake. They may even harm the person more.
Like many states, to encourage bystanders to provide aid when they are present during an emergency situation in Texas, the Texas legislature passed its own Good Samaritan law. Sec 74.151 of the Texas Civil Code. sets out that if a bystander acts, they will not be liable for any negligent acts that they commit unless that act is willfully or wantonly negligent. This is specifically to encourage doctors, nurses, or other medical staff to act in emergency situations. The bystander simply must just act in good faith to administer the emergency care, and if their actions were not willful or wanton, they will be able to avoid liability.
Speak With Sandoval & James If You’ve Been Injured
If you or someone you know was recently hurt or injured in an emergency situation and you have questions regarding Texas’ Good Samaritan law, or any other questions related to the incident, please feel free to call or come by Sandoval & James. Our experienced t
eam will take the time to address your questions and ensure you understand your rights.