The term “Good Samaritan” refers to a person who helps another individual during an emergency. For example, a person who rushes to the aid of a passenger and/or driver in a car accident. However, a person who rushes to the aid of another could do more harm than good. They could make a person’s injury worse, for instance.
This could cause the injured person to want to sue the individual who rendered aid.
The State has a Good Samaritan Act to Prevent Civil Lawsuits
The texas good samaritan law focuses on preventing an injured person from filing a civil lawsuit against the individual who helped them. A personal injury lawsuit is a type of civil lawsuit that requests money for accident-related expenses. Most lawsuits are based on negligence or something the wrongful party did to cause the other person’s injuries.
According to the Good Samaritan law in Texas, an individual who administers emergency aid can’t be liable for any civil damage done when helping. The person administering aid must be have done this in good faith. This means they were trying to help and not hurt the injured individual. The aid must be given in a hospital or scene of an emergency.
Is There an Exception to the Good Samaritan Act?
Yes, there is an exception where a Good Samaritan can be sued in a personal injury lawsuit for providing aid to an injured person. If they render aid to someone during an emergency and they do it in a willful or wantonly negligent manner, they could be sued. Willful or wantonly negligent conduct refers to intentionally causing the injured person additional harm.
Another exception to the Good Samaritan law is if the Good Samaritan is someone who regularly administers care. This could be a person who works in a hospital or emergency room. Another person exempt from this law is a treating physician or admitting physician in an emergency facility or hospital. In these situations, the person is working in the healthcare industry or at a hospital, so they can’t be exempt. These workers could face a medical malpractice lawsuit instead. It’s important to ask a lawyer about the type of personal injury lawsuit an injured person may file.
Why is a Good Samaritan Exempt from a Personal Injury Claim?
A Good Samaritan is exempt from being sued for causing harm to an injured person because they lack the medical train necessary to help. They come to the aid of another individual in a distressed moment because of a genuine concern. Texas doesn’t want to punish people who come to the aid of someone in an emergency.
Contact an Attorney about Being Sued for Helping in an Emergency Situation
An injured person may sue a Good Samaritan for the injuries they caused. It’s important to hire an attorney to challenge the injured person and avoid a lawsuit. The Good Samaritan law prevents a person who offers aid to be sued unless they fall into a specific exemption.