The Texas Good Samaritan Law is designed to encourage those who do not have a medical background to give aid when they encounter a medical emergency. Unfortunately, there are times when a good Samaritan, acting in good faith, causes more damage to the accident victim. At Springer & Lyle, our attorneys work with accident victims to determine if the person who caused them harm is protected under the Good Samaritan Law.
Elements That Must Be Met for a Good Samaritan to be Exempt from Civil Damages
The Texas Good Samaritan statute protects a person from civil damages “who in good faith administers emergency care…unless the act is willfully or wantonly negligent.” The basic elements that protect the Good Samaritan include:
- The Good Samaritan is acting in good faith.
- The care was appropriate and not given in a reckless manner.
- Care was given in an emergency situation and trained help had not yet arrived.
The law protects someone who acted in good faith out of concern for an injured person’s welfare. This means that if a person helps you escape from a burning vehicle, you likely cannot pursue a claim against them if your leg was broken being pulled from the car.
Similarly, if you were drowning and were saved by someone who gave you CPR, but the action of CPR broke your ribs, you generally cannot sue the provider of CPR for your broken ribs.
Exceptions to the Good Samaritan Protection
The Good Samaritan Law does not protect:
- A person whose negligent act or omission caused the emergency for which the care is being administered.
- A person who is negligent in providing aid and that negligence causes greater injury to the accident victim.
- A person who expects remuneration for the medical assistance they provided.
- A person who was at the scene of the accident to solicit business.
- Someone who routinely administers health care services, such as first responders, physicians, licensed health care professionals, and others who are at the scene of the accident for business purposes. Different laws apply to these professionals’ duty of care.
The personal injury attorneys at Springer & Lyle can help you obtain the reasonable compensation you are entitled for your injuries, lost wages, medical expenses, pain and suffering, and other physical damage. Contact us at 940.387.0404 for a free consultation.