A Good Samaritan refers to someone who helps others without expecting to receive anything in return. Nevada, like most states, has passed Good Samaritan laws to encourage the public to help others in times of need. This protection can be particularly important in the aftermath of events such as a las vegas car accident case, shielding those who offer assistance from potential liability, or legal responsibility, if complications arise.
What Is Nevada’s Good Samaritan Law?
Nevada’s Good Samaritan law protects people who voluntarily render aid to others in emergency situations from being sued, or held legally responsible, for mistakes they may make while providing help. Nevada Revised Statutes § 41.500 states: Except as otherwise provided in NRS 41.505, any person in this State who renders emergency care or assistance in an emergency, gratuitously and in good faith…is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering the emergency care or assistance or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured person. This law encourages people to take action to help others in emergencies, such as in the aftermath of a harmful car accident, by offering them legal protection from liability for unintentionally causing or worsening injuries suffered by victims.
How Does the Good Samaritan Law Protect Individuals From Liability?
Even with the best of intentions, someone taking action in response to an emergency could unintentionally injure someone or make things worse. Under Nevada’s Good Samaritan law, as long as the individual was acting in good faith to help, he or she is safe from liability if damage is accidentally caused. For example, if an individual suffers a back injury in an automobile accident but the injury is exacerbated when he or she is pulled out of a burning vehicle by a helpful bystander – resulting in permanent paralysis – the Good Samaritan could not be held liable for making the spinal cord injury worse if it was an honest mistake.
Exceptions to the Good Samaritan Law
The Good Samaritan law is not a blanket rule that applies to every situation without exception. For liability protections to apply, the situation must meet the requirements listed in the statute. Importantly, the Good Samaritan law does not apply in the following situations:
- Gross negligence: if the Good Samaritan uses an unreasonable degree of negligence or carelessness in the rendering of assistance, or intentionally causes harm, he or she could still be held liable for injuries caused.
- No actual emergency: if the situation did not actually constitute an emergency or the Good Samaritan knew it was not an emergency, liability can still be applied.
- People who are paid to help: the Good Samaritan law does not apply to individuals who are paid for their efforts to help others or render aid in emergencies.
In addition, the Good Samaritan cannot be the person who caused the accident or emergency. In this case, the individual could still be held liable for creating the dangerous or harmful situation, even if he or she renders aid afterward.
Nevada’s Good Samaritan Drug Overdose Act
There is also a separate Good Samaritan law in Nevada that specifically applies to drug overdose situations. Section 453C.010 of the law protects individuals from facing criminal charges for certain narcotics-related offenses if they were seeking good faith medical assistance for a drug overdose or another medical emergency. For more information about how Nevada’s Good Samaritan law may apply to your specific situation, contact an attorney for a free case review.