Legal Question in Legal Ethics in Virginia
Good Samaritan Law
Our church is planning a free health fair on our property for the residents of a low income neighborhood. Is the church protected by good samaritan laws? Are the church, trustees and members immune from liability unless gross negligence or willful misconduct is an issue?
1 Answer from Attorneys
Re: Good Samaritan Law
The church in putting on its free health fair would not be covered by good samaritan laws which afford immunity from civil suit only to persons rendering emergency medical care or assistance. (See Va. Code Sec. 8.01-225.)
Although you haven't specified the kinds of activities which would be sponsored by the church at the health fair, I would expect that the kinds of activities or services offered would require the purveyors of such services to use only ordinary or reasonable care
in doing so, and, consequently, it would be reasonable to conclude as you've suggested that liability could attach to the church or its trustees only in the event that its agents or representatives were alleged to have acted with gross negligence or willful misconduct.
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