New York's Good Samaritan Law - A Good Deed Goes Unpunished

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"She's the type of someone that will find fault in all you do. If you push her off the tracks just seconds before she is about to be struck by a speeding locomotive, she'll sue you for bruising her leg and soiling her clothes."

And that reminded me of New York's Good Samaritan law, today's topic.

Common Law: No Good Deed Goes Unpunished

Generally speaking, there is no duty to come to the aid of somebody that has been in an crisis and in need of crisis healing assistance. However, not long ago, if you attempted to render healing aid to somebody and botched the rescue, chances were you would be sued. Therefore, educated bystanders wouldn't dare attempt a rescue.

Since the base law discouraged bystanders from attempting to render healing aid to those in need, the legislature, recognizing this effect was both unacceptable and undesirable, enacted in 2000 what is generally referred to as the Good Samaritan law.

Effect of the Law

New York's Good Samaritan law carves out specific circumstances when an individual shall not be held liable for commonplace negligence in attempting to render healing assistance. Instead, they will only be held liable in cases of gross negligence.

Gross Negligence

Simply put, negligence is a failure to exercise commonplace care. Gross negligence means a failure to use even small care, or is escort that is so careless as to show unblemished disregard for the proprietary and protection of others.

When it Applies

The law isn't found in one centralized part, but rather integrated into varied provisions of the Ny collective condition Law and the Ny schooling Law.

Importantly, New York's Good Samaritan law is small to healing rehabilitation or assistance. The heart of the law is found in Pub. condition Law §3000-a, which provides in part:

Any someone who voluntarily and without hope of monetary payment renders first aid or crisis rehabilitation at the scene of an crisis or other crisis face a hospital, doctor's office or any other place having allowable and needful healing equipment, to a someone who is unconscious, ill, or injured, shall not be liable for damages for injuries alleged to have been sustained by such someone or for damages for the death of such someone alleged to have occurred by presuppose of an act or omission in the rendering of such crisis rehabilitation unless it is established that such injuries were or such death was caused by gross negligence on the part of such person.

Voluntary Act; No hope of Monetary Compensation

An foremost theme here is that the someone act both voluntarily, and without the hope of monetary compensation. This is needful because the protection extends to dentists (Educ. On Law §661[6]), physicians (Educ. Law §6527[2]), nurses (Educ. Law §6909[1]), physicians assistants (Educ. Law §6547) and corporeal therapists (Educ. Law §6737), provided they are not in a place having allowable and needful healing equipment, and are not rendering their expert or licensed services in the commonplace procedure of their practices.

Automated External Defibrillator (Aed) and Epinephrine Auto-Injector (Epi-pen) Devices

The law is somewhat different, however, for crisis condition care providers, or those persons or entities that buy or make available self-acting External Defibrillator (Aed) devices, or Epinephrine Auto-Injector devices. In those cases, the crisis condition care provider, someone or entity, shall not be held liable for the use of that equipment if a someone voluntarily and without hope of monetary payment renders first aid or crisis healing treatment, and shall also not be held liable for the use of defectively artificial equipment.

However, the law expressly states it shall not limit claims against the crisis condition care provider, someone or entity that purchased or made available that equipment from its own negligence, gross negligence or intentional misconduct. Pub. condition Law §3000-a(2). See, also, Pub. condition Law §3000-b (Automated External Defibrillators) and Pub. condition Law §3000-c (Epinephrine Auto-Injector).

Go Ahead, Be a Hero

Once again, it is safe to play superhero, but remember to use at least commonplace care.

(Note: crisis healing technicians and volunteer ambulance services are field to more technical provisions under Pub. condition Law §3013.)

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