Good Samaritan Laws: What Protects You When You Help Someone in a Medical Emergency
Reference Guide
The short answer to “what law protects against civil lawsuits when we try to help a victim in medical need?” is a Good Samaritan law. Every state discussed here has one, and federal law adds narrow protections for using a defibrillator and for helping on a plane. The protection is real but not absolute: it usually requires good faith, no payment, and no gross negligence. This is a reference page — there is no lawsuit, settlement or claim form behind it.
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What a Good Samaritan Law Does
Good Samaritan laws give legal protection to people who give reasonable assistance to someone who is, or appears to be, injured, ill or in peril. Their purpose is to stop bystanders from hesitating out of fear of being sued for negligence or wrongful death.
In practice the statutes share a pattern. You are protected if you act in good faith, without pay or expectation of pay, at the scene of an emergency (not in a hospital or doctor's office). You lose the protection if your conduct crosses a line the statute sets — usually gross negligence or willful or wanton misconduct. Ordinary mistakes made while honestly trying to help are what these laws exist to forgive.
Not to be confused with the charity: for litigation involving the organization Samaritan’s Purse, see our separate page.
Case details
There is no single national Good Samaritan law. Each state writes its own, and the wording matters. Examples from the statute books:
California — Health and Safety Code section 1799.102(b)(2): no liability for good-faith, uncompensated “emergency medical or nonmedical care or assistance” at the scene, except for gross negligence or willful or wanton misconduct.
Texas — Civil Practice and Remedies Code section 74.151: no liability for good-faith emergency care “unless the act is wilfully or wantonly negligent,” expressly including use of a defibrillator.
Florida — Statutes section 768.13, the “Good Samaritan Act”: protection applies if you act as “an ordinary reasonably prudent person” would, and the care must be given without the victim’s objection.
New York — Public Health Law section 3000-a: no liability for voluntary, unpaid first aid at the scene unless gross negligence is established.
Federal — 42 U.S.C. § 238q covers anyone who uses or attempts to use an AED in a perceived medical emergency, and the Aviation Medical Assistance Act of 1998 covers passengers who help in an in-flight medical emergency.
Status: Settled Law, No Lawsuit or Settlement
The statutes themselves are current law. Texas last amended section 74.151 effective December 1, 2019; Florida’s section 768.13 appears in the 2026 Florida Statutes. If you were sued after helping someone, the statute in your state is your defense — and that is a question for a licensed attorney, not a form.
Who Is Protected — and Who Is Not
Usually protected: a bystander who, in good faith and without pay, gives emergency help at the scene — CPR, pressure on a wound, using an AED, calling 911.
Usually not protected:
— Gross negligence or reckless conduct. California, New York and the federal AED law draw the line at gross negligence; Texas at “wilfully or wantonly negligent”; Minnesota at “willful and wanton or reckless.”
— People who are paid for it. Texas excludes care given “for or in expectation of remuneration”; Minnesota excludes care during regular paid employment. Most laws do not cover doctors, nurses or paramedics doing their job.
— People who caused the emergency. Texas does not protect a person whose negligence was a producing cause of the emergency.
— Care inside a hospital or doctor’s office. California and Florida limit protection to the scene of an emergency outside those places.
— Help the person refused. A conscious adult who says no should be respected; Florida’s protection applies only “without objection of the injured victim.” Consent can be implied when someone is unconscious.
Is There Any Money Involved?
The shield has limits, and courts read them closely. In Van Horn v. Watson (December 18, 2008), the California Supreme Court ruled 4-3 that the then-current section 1799.102 covered only emergency medical care. That allowed a suit against a passenger who had pulled a friend from a wrecked car out of fear it would catch fire; the plaintiff alleges the rescue worsened her injuries. California has since rewritten section 1799.102 to cover “medical or nonmedical care.” If you are the injured person, see how a civil lawsuit works and how fault is divided by state.
Good Samaritan Law Milestones
1985 — Texas Enacts Its Emergency-Care Immunity
The provision now numbered section 74.151 dates to Acts 1985. It was renumbered and amended in 2003.
1994 — Minnesota Adds a Duty to Assist
Minnesota section 604A.01 makes it a petty misdemeanor to fail to give reasonable assistance at an emergency when you can do so safely, alongside civil immunity for helpers.
April 24, 1998 — Aviation Medical Assistance Act
Congress shields passengers who help in an in-flight medical emergency, unless they are guilty of gross negligence or willful misconduct.
December 18, 2008 — Van Horn v. Watson
The California Supreme Court, 4-3, limits section 1799.102 to emergency medical care, allowing a suit over pulling someone from a crashed car to proceed.
2009 — California Extends Protection to Nonmedical Help
Section 1799.102 is rewritten to cover “emergency medical or nonmedical care or assistance” by unpaid, good-faith helpers, except gross negligence or willful or wanton misconduct.
October 2026 — Current Law, No Case Pending
State Good Samaritan statutes remain in force; Texas last amended its version effective December 1, 2019. No settlement or claim process exists.
Three Things to Watch For
A topic with no settlement still attracts misleading offers:
“Good Samaritan settlement” claim pages
There is no Good Samaritan fund to claim from. A page asking for your Social Security number or a fee to “register” for one is collecting data, not filing anything. The similarly named charity Samaritan’s Purse is a separate matter.
“Buy this certificate to be legally protected”
CPR training is worth having, but the statutes quoted here protect “a person” or “no person” acting in good faith — they do not require a card. Be skeptical of sellers who claim protection depends on their product.
Calls or letters demanding payment after you helped
A real lawsuit arrives as a court summons and can be checked with the court clerk. Anyone who phones demanding money to “settle” a claim against you for helping should not be paid on the spot — verify first and talk to a lawyer.
Good Samaritan Laws — Questions People Actually Ask
Short answers to the questions people ask most about this case.
What law protects against civil lawsuits when we try to help a victim in medical need?
Good Samaritan laws. Each state has its own, and they generally bar negligence claims against people who give emergency help in good faith, without pay, at the scene. Federal law adds protection for AED use (42 U.S.C. § 238q) and for in-flight medical help (Aviation Medical Assistance Act of 1998).
Who does the Good Samaritan law not protect and in what circumstances?
Typically: people who are grossly negligent or act willfully or wantonly; people paid or expecting payment for the care; on-duty medical professionals; people who caused the emergency (Texas says so expressly); and care given inside a hospital or doctor’s office. The details depend on your state’s statute.
Do you have a legal obligation to help someone?
In most states, no — unless you have a caretaker relationship, such as parent and child, or you caused the injury. Minnesota, Vermont and Rhode Island are exceptions: they require reasonable assistance when you can give it safely, and calling 911 can be enough.
Can you be sued for not helping someone?
In most states there is no general duty to rescue, so a stranger usually is not liable for doing nothing. Where a duty exists, the penalty is small and criminal rather than civil: a petty misdemeanor in Minnesota and a fine of not more than $100 in Vermont under 12 V.S.A. § 519.
Am I protected if I use an AED on someone?
Yes, in most situations. Federal law makes anyone who uses or attempts to use an AED on a victim of a perceived medical emergency immune from civil liability, except for gross negligence, willful or criminal misconduct, or reckless misconduct. Texas section 74.151 names AED use expressly.
Do I need consent before helping?
For a conscious adult, yes — ask first, and respect a refusal. Florida’s law applies only to care given without the victim’s objection. Consent is generally implied when the person is unconscious or cannot make decisions.
Once I start helping, can I leave?
The general guidance is to stay until emergency services arrive, someone with equal or greater training takes over, or it becomes unsafe to continue. No one is legally required to put themselves at risk.
Are doctors and nurses covered when they stop to help off duty?
Usually, as volunteers. New York’s section 3000-a does not relieve licensed professionals of liability for care “in the normal and ordinary course” of their practice, and Minnesota excludes paid care during regular employment. Some states extend protection to professionals acting as unpaid volunteers; check your state’s statute. A physician helping at a roadside crash without pay is generally treated as a Good Samaritan.
About This Information
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This page is for general information only and is not legal advice. Lawsuit status, eligibility, and compensation can change. Settlement Insight is not a law firm and does not represent any party. Consult a licensed attorney about your specific situation.
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