Ask a Lawyer - Archive

A passersby to a recent motor vehicle accident were strongly criticized for not coming to the aid of a man who had been hit by a car, although some people did call for emergency help. When asked, some of the people stated that they were afraid they would be sued, but their excuse was countered by others saying that the Good Samaritan law would shield them. But I have heard that the GSL may be used only by nurses, EMTs, doctors, and other emergency-trained people who happen to encounter one who needs help.

The ordinary laymen are not protected, Is that true? If so, do passersbys have any shield at all from liability if they try to assist?

Hello, Frank. Thank you for your question. I respond to your question as a licensed Texas attorney. The laws of your state may be different. It's wise to consult a local attorney in all legal matters.

The Texas Good Samaritan Law states that a "person who in good faith administers emergency care is not liable in civil damages for an act performed during the emergency unless the act is willfully or wantonly negligent." Additionally, the Good Samaritan Law does not shield those who were paid for their services, or those who acted in anticipation of being paid. Thus, both a licensed physician and a person not skilled in the healing arts who render emergency aid to an injured stranger would likely be shielded from civil suit, but a doctor aiding an injured person in his hospital would not be shielded because the doctor expects to be paid.