Good Samaritan law

Good Samaritan laws offer legal protection to people who give reasonable assistance to those who are, or whom they believe to be injured, ill, in peril, or otherwise incapacitated. The protection is intended to reduce bystanders' hesitation to assist, for fear of being sued or prosecuted for unintentional injury, negligence, or wrongful death. An example of such a law in common-law areas of Canada: a Good Samaritan doctrine is a legal principle that prevents a rescuer who has voluntarily helped a victim in distress from being successfully sued for wrongdoing. Its purpose is to keep people from being reluctant to help a stranger in need for fear of legal repercussions should they make some mistake in treatment. By contrast, a duty to rescue law requires people to offer assistance and holds those who fail to do so liable.

Good Samaritan laws may vary from jurisdiction to jurisdiction, as do their interactions with various other legal principles, such as consent, parental rights and the right to refuse treatment. Most such laws do not apply to medical professionals' or career emergency responders' on-the-job conduct, but some extend protection to professional rescuers when they are acting in a volunteer capacity.

The principles contained in Good Samaritan laws more typically operate in countries in which the foundation of the legal system is English common law, such as Australia. In many countries that use civil law as the foundation for their legal systems, the same legal effect is more typically achieved using a principle of duty to rescue.

Good Samaritan laws take their name from a parable found in the Bible, attributed to Jesus, commonly referred to as the Parable of the Good Samaritan which is contained in Luke 10:29–37. It recounts the aid given by a traveller from the area known as Samaria to another traveller of a conflicting religious and ethnic background who had been beaten and robbed by bandits.

Good Samaritan laws tend to differ by region, as each is crafted based on local interpretations of the providers protected, as well as the scope of care covered.

Most Australian states and territories have some form of Good Samaritan protection. In general, these offer protection if care is made in good faith, and the "Good Samaritan" is not impaired by drugs or alcohol. Variations exist between states, from not applying if the "Good Samaritan" is the cause of the problem (New South Wales), to applying under all circumstances if the attempt is made in good faith (Victoria).

The Belgian Good Samaritan Law imposes on anyone who is capable to aid a legal duty to help a person, who is in great danger, without putting himself or others in serious danger (article 422bis Criminal Code).

In Canada, good Samaritan acts fall under provincial jurisdiction. Each province has its own act, such as Ontario's and British Columbia's respective Good Samaritan Acts, Alberta's, Northwest Territories, Yukon's and Nunavut's Emergency Medical Aid Acts, and Nova Scotia's Volunteer Services Act. Only in Quebec, a civil law jurisdiction, does a person have a general duty to respond, as detailed in the Quebec Charter of Human Rights and Freedoms.