There’s a scene in a popular romantic comedy that shows the main character in the path of a dumpster as it makes its way down a hill to hit her. Luckily, she’s pushed out of the way by her love interest before she’s injured. This would make her love interest a “Good Samaritan.”
Good Samaritans are people, in fiction and in real life, who help prevent harm or injury to another person in a dangerous situation.
Where does “Good Samaritan” come from?
It stems from a biblical parable of the Good Samaritan in which a man is assaulted on the side of the road. He’s robbed and nearly beaten to death before his assailants leave him to die. Eventually, a traveling Levite comes upon him and moves to the other side of the road instead of offering help. Later, a priest also sees the injured man, but instead of providing aid, he moves to the other side of the road too.
The third person who sees the injured man is a Samaritan, who takes pity and treats his wounds.
Colorado’s Good Samaritan law
Colorado Revised Statute § 13-21-108(1) defines a Good Samaritan as “any person licensed as a physician and surgeon under the laws of the state of Colorado, or any other person, who in good faith renders emergency care or emergency assistance to a person not presently his patient without compensation at the place of an emergency or accident.”
Under the law, a Good Samaritan cannot be held liable for any civil damages for “acts or omissions made in good faith” as a result of rendering emergency care or emergency assistance during an emergency.
This law is meant to encourage citizens to offer aid without fear of legal repercussions. Those who are protected by this law include:
- Licensed physicians and surgeons who are not rendering assistance to patients
- Rescue unit volunteers
- Volunteer members of ski patrols or ski rescue units
- An employer, when an employee who is protected from liability renders aid in the course of their job
- Any other person who renders aid in good faith
Going back to the romantic comedy, the love interest is actually a licensed physician, so he would be protected under Colorado law if anyone tried to sue him. But even if he were just a regular guy walking down the street who stopped to help, he wouldn’t be held liable for his actions.
Does the Good Samaritan law apply to drug overdoses?
Some cases where a victim is suffering from a drug overdose may require emergency medication to counter the effects. A common example in the United States is opioid abuse. In order to save the victim’s life, a Good Samaritan might inject naloxone (or Narcan) into the victim’s system to block the effects of an overdose.
If the person overdosing has a negative reaction after Narcan is administered, this raises legal questions about whether or not the Good Samaritan law would protect the person who administered the Narcan.
Colorado statute §18-1-712 specifically addresses scenarios like this:
“A person, other than a health-care provider or a health-care facility, who acts in good faith to furnish or administer an opiate antagonist, including an expired opiate antagonist, to an individual the person believes to be suffering an opiate-related drug overdose event or to an individual who is in a position to assist the individual at risk of experiencing an opiate-related overdose event is immune from criminal prosecution for the act or for any act or omission made if the opiate antagonist is stolen.”
Exceptions to the Good Samaritan law
There are only 2 exceptions to Colorado’s Good Samaritan law:
- Gross negligence. Even though a Good Samaritan generally isn’t liable for the victim’s injuries, there are still instances where a civil lawsuit can be filed against them. If the Good Samaritan’s actions or omissions are grossly negligent, they will not be immune from civil damages.
- Willful and wanton. If a Good Samaritan’s actions are willful and wanton (i.e., conduct purposefully committed that the Good Samaritan must have realized as dangerous, done heedlessly and recklessly, without regard to consequences), they will not be immune from civil damages.
While Colorado’s Good Samaritan law prevents people from suing any passersby who render aid in an emergency in most cases, victims can still bring a case against any person who negligently causes their underlying injuries.
To find out if you have a case, contact a Colorado personal injury attorney to discuss your options.