If you ever encounter a situation where you have to stop and render aid to another person do you know what liability you may face? Watch Independent Program Attorney James Phillips teach you the law so you won’t have to hesitate when it comes to saving a life.
Sherry Hale: We have all been there. You pass an accident on the side of the road; you want to help, but you’re worried what happens if something goes wrong can you be sued? The short answer is yes. Listen to what your Independent Program Attorney says about Good Samaritan laws in your state.
James Phillips: Florida’s Good Samaritan Act can be found in Florida Statutes 768.13. The Good Samaritan Act provides protection to those who attempt to provide aid in emergency situations where they did not cause the emergency. The Good Samaritan Act applies to any person who in good faith renders aid to a victim outside of the hospital or medical facility, and states that they should not be held liable for any civil damages that cause the victim, so long as they act as an ordinary reasonable prudent person would have acted under the same or similar circumstances and the victim does not object to the aid. Please keep in mind that this will not prevent the victim or the victim’s family from suing you. But will act as an affirmative defense to their lawsuit in deciding whether immunity shall be granted. It will all come down to whether or not the Good Samaritan did what a reasonably prudent person would have done. A reasonably prudent person standard is an objective standard meaning it is not what you would do, but what a reasonable person would do in your same situation. It is going to be up to the judge or jury to decide if you acted like a reasonable person.
Sherry: The law offers you protection but the reality is you can be sued by anyone, anytime, for anything, even for acting as a good Samaritan. Texas LawShield is here to help so you don’t have to hesitate when doing the right thing. Get certified in First Aid for Gunshot Wounds today and receive our exclusive Good Samaritan coverage for free. Good Samaritan coverage is our way of protecting our good-hearted members. Go to 2aInstitute.com and get certified today!