Good Samaritan laws are designed to offer legal protection to people who administer assistance to individuals who are injured, ill, incapacitated, or in peril. The protection is intended to encourage bystanders to help those who need it without fear of being sued. Good Samaritan laws vary from state to state, and they often depend on the relationship between the victim and the rescuer. These laws are often complex and difficult to understand. If you’ve been involved in a Good Samaritan type of situation, it is best to consult an experienced South Florida injury attorney who can help assess the facts of your case.
Under Florida law, generally there is no duty to aid or assist an injured person. According to the Good Samaritan law, once an individual begins to provide aid to another, a duty forms to exercise due care. Due care, sometimes referred to as reasonable care, is defined as acting in a manner that a reasonably prudent person would act under the same or similar circumstances. The reasonable person standard is a legal creation. It is an objective test.
According to the Florida Good Samaritan Act, “any person, including those licensed to practice medicine” who willingly, and in good faith, provides emergency care or treatment to another in an emergency situation shall not be liable for any civil damages as a result of such aid or treatment. Continue reading →