Good Samaritan Laws in New York Explained: Everything You Need to Know!

You are walking through the streets one hot afternoon, running some errands for the house, when an unexpected sound grabs your attention. You followed the sound, scanning the area and then found someone in a corner rolled into a ball, obviously in pain. It looks like they were attacked or have been in some sort of incident.

Many are unsure what to do in such a scenario. Do you approach? Will you become a suspect if you try to help them? Also, what if you make things worse by trying to help them? 

That is where New York’s Good Samaritan laws come into play; they protect your rights in such situations. Let us talk some more about what these laws are in NYC and what exactly they are there to protect.

Why Does New York Have Good Samaritan Laws?

Good Samaritan laws in New York are there to encourage kind-hearted people who find themselves in a situation such as the one above. You can also refer to them as ‘volunteer protection laws’ because they serve to protect you from your noble volunteer efforts. The essence of these laws is to ensure you do not face civil claims and lawsuits simply because you tried to help.

After all, supporting and providing medical care in emergencies is always a good idea. “Good Samaritan laws protect people who provide aid to people in emergency situations while they wait for first responders,” says personal injury lawyer Neal Goldstein of Goldstein & Bashner. These laws may also protect medical professionals who are not on duty but only stopped to use their skills for good.

When Does a Kind Heart Get the Protection of New York Good Samaritan Laws?

More often than not, Good Samaritan laws protect you from being sued for damages if you provide emergency aid in good faith. For example, when you perform the Heimlich maneuver on a child choking in a restaurant to save his life. If the child suffers some internal injuries or broken ribs as a result, the Good Samaritan laws protect you from lawsuits.

However, not all rendered aids are protected under the Good Samaritan law in New York. For instance, the laws do not protect an individual who intentionally caused harm, was grossly negligent, or administered unreasonable treatments. A good example of such an instance is when you try to perform CPR on someone who is already breathing.

Does New York Legally Mandate You to Provide Emergency Medical Care?

In most states, including NYC, you are not under any legal obligation to provide care in a medical emergency. While the Good Samaritan laws protect you against claims and suits if you do help, they do not compel you to help.

Nevertheless, there are certain requirements that a situation would meet in which you are legally required to help. These include the duty to report an injury to emergency services or the police, crimes of sexual assault, or murder. Also, you are legally required to help in crimes against children and minors in New York.

Conclusion: When You Need a Personal Injury Attorney In a Good Samaritan Case

You cannot predict when you will come across someone who needs your help, but you can prepare for it. On the other hand, you might need the help of a passerby – for example, after a car accident. As such, it is imperative that you understand the Good Samaritan laws at play in New York.

Understanding NYC’s Good Samaritan laws helps you to understand the protections you have when you provide medical care in an emergency. An experienced personal injury attorney in New York can explain these laws to you and inform you of your rights.

Meanwhile, if you have suffered additional injuries because a passerby provided unreasonable assistance, you might have a valid compensation claim. With solid evidence, you can hold the passerby liable for your injuries and claim compensation for your losses. You should talk to an experienced NYC personal injury attorney about what compensation you can recover and how.