First Aid Liability: Can I be Sued?
We’ve all seen it: a car accident on the side of the road, or a choking restaurant patron, or even a child with a scraped knee. Our first instinct as a “good” human being is to help, if we can, right? Well, in a society constantly battered with lawsuits and litigation, once knee-jerk reactions to help another human in need could be hampered by the threat of a lawsuit. Sadly, a stranger helping another human may be sued, even if he or she saved a victim’s life. It sounds unfair, however, many states have a “Good Samaritan” Law in place which protects genuine well-meaning citizens from litigation in cases such as this.
In order to apply the law in case of a lawsuit, the citizen must be acting without expectation of reward. In some states, accepting a reward after the fact can even void the Good Samaritan law as well, so be cautious before accepting a gratuity or gift in return for first aid service. The best way to protect yourself is to always act on behalf of the victim. Perhaps most obvious of all is to take a CPR or First Aid class and have your certification card on your person. This will protect you as well as any victim you may help – if you are not trained properly, you may further injure someone.
Always use common sense when offering to render aid to a victim. Do not try to be a hero or perform rescue acts out of your scope of ability. If a victim is severely injured, call for help and stay with them, but any attempts to move or aid them without proper training may only serve to make matters worse. In all situations, exercise good judgment, get consent from the victim to render aid if possible, and if the situation seems worthy, always call a professional. Most choking victims in a restaurant will be grateful to a stranger for removing a choking hazard, but some victims may not be so scrupulous. In the unfavorable event that you are being sued for helping a fellow human in need, seek legal counsel.
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