GOOD SAMARITAN LAWS

Mar 30, 2001 - © Kathleen Newton

GOOD SAMARITAN LAW OF THE WEEK

Minnesota Statute 604A.01

Subdivision 1 of Minnesota's Good Samaritan law deals with DUTY TO ASSIST. In Minnesota (unlike most states), if you are present at the scene of an emergency, and you do not give reasonable assistance to the victim, you are guilty of a petty misdemeanor. "Reasonable assistance" is considered giving care to someone whom you know has suffered, or been exposed to, grave physical harm. Reasonable assistance also includes obtaining or attempting to obtain aid from law enforcement or medical personnel.

Subdivision 2 of the statute addresses GENERAL IMMUNITY FROM LIABILITY. Basically, any person who provides emergency care without payment (or expectation of payment) cannot be held liable for civil damages occurring as a result of the care provided. However, if the rescuer acts in a deliberately reckless or negligent manner while providing care, then he/she can be held liable. The Minnesota Good Samaritan law also defines requirements for external automatic defibrillators whose use by a layperson falls under the Good Samaritan law.

The copyright of the article GOOD SAMARITAN LAWS in First Aid is owned by Kathleen Newton. Permission to republish GOOD SAMARITAN LAWS in print or online must be granted by the author in writing.

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