Legal Question in Personal Injury in Idaho
Good Samaritan laws and humanitarian laws
Are there humanitarian laws; what do the govern; are there any laws and or caselaw governing "Good Samaritan " acts?
1 Answer from Attorneys
Good samaritan laws
Since you seem to be asking for general information, rather that to make judgments about a situation which has already occurred, I'll answer generally.
Bankground: the tradition of U.S. law does NOT impose a duty on bystanders to help someone in trouble. (Unlike France, for example). But if you do try to help, you must use reasonable care in doing so.
In order to encourage medically trained people to help in an emergency, many states have passed a "Good Samaritan" law, but it does not impose a duty. Rather, it protects doctors from liability if they are negligent when helping in an emergency situation. The victim would have to prove gross negligence in order to succeed in a malpractice claim. That's a typical type of Good Samaritan law in the U.S., and for the exact details in a particular state, you need to check the statute. Many variations, exceptions, are possible.
The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, andyou should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fullyinformed of all the pertinent facts and who is familiar with the applicable law.