Legal Question in Personal Injury in Massachusetts

Re: Good Samaritan Laws

Hello. Try Mass General Laws chapter 112, Sections 12B, 12E, 12V and MGL, c. 111C. Let me know if you have any other questions. Sherrill

Re: Good Samaritan Laws

Generally, Massachusetts follows the good samaritan doctrine as set forth in RUFUS DAVIS vs. WESTWOOD GROUP, 420 Mass. 739 (1995) The Supreme Judicial Court Stated:

We recognize the "good Samaritan" principles articulated in Restatement (Second) of Torts Section 323 (1965). See Thorson v. Mandell,

402 Mass. 744, 748 (1988), citing Mullins v. Pine Manor College, 389 Mass. 47, 52-53 (1983). Section 323 provides:

"One who undertakes, gratuitously or for consideration, to render services to another which he should recognize as necessary for the

protection of the other's person or things, is subject to liability to the other for physical harm resulting from his failure to exercise

reasonable care to perform his undertaking, if

"(a) his failure to exercise such care increases the risk of such harm, or

"(b) the harm is suffered because of the other's reliance upon the undertaking."

Untrained non-medical citizens who negligently

render care would typically be liable under state law if they worsen the condition of the person the attempt to assist. People trained in CPR might be protected by statute if they are negligent in some instances.

To look up statutes, you can go to http://www.state.ma.us/legis/laws/mgl/mgllink.htm.

Mass cases are available at the County law libraries which are open to the public.