Robbins: How Good Samaritan laws work
The biblical parable of the Good Samaritan goes like this:
As recounted in Luke (10:25-37), a law expert stood up to test Jesus. He asked, “What must I do to earn eternal life?”
Jesus replied, “What is written in the Law? How do you read it?”
The law expert answered, “Love the Lord your God with all your heart and with all your soul and with all your strength and with all your mind; and, love your neighbor as yourself.”
“You have answered correctly,” Jesus replied. “Do this and you will live.”
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But the law expert wanted to justify himself, so he asked Jesus, “And who is my neighbor?”
In reply, Jesus said, “A man was going down from Jerusalem to Jericho, when he was attacked by robbers. They stripped him of his clothes, beat him and went away, leaving him half dead. A priest happened to be going down the same road, and when he saw the man, he passed by on the other side. So too, a Levite, when he came to the place and saw him, passed by on the other side. But a Samaritan, as he traveled, came where the man was; and when he saw him, he took pity on him. He went to him and bandaged his wounds, pouring on oil and wine. Then he put the man on his own donkey, brought him to an inn and took care of him. The next day he took out two denarii and gave them to the innkeeper. ‘Look after him,’ he said, ‘and when I return, I will reimburse you for any extra expense you may have.'”
“Which of these three do you think was a neighbor to the man who fell into the hands of robbers?”
The expert in the law replied, “The one who had mercy on him.”
Jesus told him, “Go and do likewise.”
A “Good Samaritan” has since become part of our common lexicon, its connotation having come to mean one who helps another in goodwill. One need not be an adherent to a particular religion — or any religion at all — to abide by the maxim that lending a hand to one in need is at the core of our common humanity.
I have always thought it strange that in the English language, we do not have a word for such doer of good deeds but, instead, resort to the New Testament parable to reference one who steps out of line to help.
Despite the constitutional separation of church and state memorialized in the First Amendment (“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”), the law and religion have much in common; both establish codes of living albeit from somewhat different perspectives. Yet both are based on principles of decency, fairness, morality, and the high virtue of just getting along.
Where the biblical parable and the law intersect is in what are known as the Good Samaritan laws. In legal terms, a Good Samaritan refers to one who renders aid in an emergency to an injured person voluntarily.
In most states, unless it’s part of a job description (such as a firefighter or a paramedic), an individual is not obligated by law to come to the aid of an injured person. Like the Levite or the priest, one can simply get on down the road. And if one does lend aid, they must generally do so “non-negligently,” assisting the person in distress with reasonable care. Some states, however, consider it an act of negligence, if one does not — at the least — call for help.
Generally, where an unconscious victim can’t respond, a Good Samaritan can help on the grounds of “implied consent.” However, if the victim is conscious and can respond, a person should first ask permission to assist.
Although some states offer immunity to Good Samaritans, helping negligently may nonetheless result in a claim against the person who stopped to render aid, particularly if the injury or illness were made worse by the volunteer’s ministrations.
Yes, yes, this smacks a bit of “biting the hand that feeds you.” However, under those Good Samaritan laws that grant immunity, if the Good Samaritan makes an error while rendering emergency medical care, they will not be held legally liable for damages. In such cases, however, two conditions usually must be met: the aid must be given at the scene of the emergency, and if the “volunteer” has other motives — such as the hope of being paid a fee or reward — then the law will not apply.
Good Samaritan laws generally do not apply to a person rendering emergency care, advice, or assistance during regular employment, such as services rendered by a health care provider to a patient in a health care facility. In such circumstances, the aid rendered must be in accord with the aider’s professional responsibilities and training and the applicable accepted standard of professional care.
So what does the great state of Colorado have to offer?
The Colorado Good Samaritan Act is found in Section 13-21-108 of the Colorado Revised Statutes. It holds that anyone who renders good faith assistance without compensation in an emergency at the scene of an accident is exempt from liability. In other words, a Good Samaritan will not be liable for any civil damages, even if that person makes a mistake that harms the victim.
An exception, however, is if the person rendering aid is guilty of willful or wanton misconduct or gross negligence. In such a situation, the person could be financially responsible for any damages the victim sustains. If, however, the person rendered aid in good faith, they will not be liable, even if the person makes a mistake that makes the matter worse. If, for example, a person rendering good-faith aid in an emergency moves a spinal cord injury victim the wrong way and causes paralysis, that person would not be liable for damages.
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So should you stop and render aid? Yes, of course. Even if, arguably, you might be held liable, juries are human too. If your motives were pure and you did your level best, most juries would be slow to punish.
Too, it is a matter of conscience and morality. We are, in fact, all bound together as brothers and sisters on this fragile planet who, in the immortal words of Benjamin Franklin in an admittedly different context, “must hang together or we must surely hang alone.”
Rohn K. Robbins is an attorney licensed before the Bars of Colorado and California who practices Of Counsel in the Vail Valley with the Law Firm of Caplan & Earnest, LLC. His practice areas include business and commercial transactions; real estate and development; family law, custody, and divorce; and civil litigation. Robbins may be reached at 970-926-4461 or at his email address: Rrobbins@CELaw.com. His novels, “How to Raise a Shark (an apocryphal tale),” “The Stone Minder’s Daughter,” and “Why I Walk so Slow” are currently available at fine booksellers. And coming soon, “He Said They Came From Mars.”
