We've all seen accidents on the road and wondered: 'Should I stop and help?' Many people hesitate, fearing that if they make a mistake or if the person dies, they could be sued. To encourage people...
We've all seen accidents on the road and wondered: 'Should I stop and help?' Many people hesitate, fearing that if they make a mistake or if the person dies, they could be sued. To encourage people to help their fellow citizens in emergencies, Florida enacted the 'Good Samaritan Act.' This law provides legal immunity to those who provide emergency care, but it has specific conditions you should know.
The Core of the Law
The Florida Good Samaritan Act (Statute 768.13) states that any person who gratuitously and in good faith renders emergency care or treatment at the scene of an emergency shall not be held liable for any civil damages as a result of such care. The key words are 'gratuitously' (for free) and 'good faith.'
Who Is Protected?
The law protects ordinary citizens as well as healthcare providers who are off-duty or acting outside their normal scope of employment during an emergency. If you pull a victim from a burning car or perform CPR, you generally cannot be sued if you accidentally break a rib or cause other harm while trying to save them.
The 'Reasonable Person' Standard
The protection isn't absolute. You must act as an ordinary reasonably prudent person would under the same circumstances. If your actions are recklessly negligent—for example, trying to perform a complex surgery on the roadside with a pocket knife when you aren't a doctor—you could still be liable.
Duty to Rescue?
Does Florida law REQUIRE you to stop and help? Generally, no. There is no legal duty to rescue a stranger in Florida. However, if you caused the accident, you do have a duty to render aid (like calling 911). And once you start helping, you must not leave the victim in a worse position than you found them.
911 Immunity
Florida also has a '911 Good Samaritan' law specifically related to drug overdoses. It encourages people to call 911 for an overdose by offering limited immunity from drug possession charges for the caller and the victim.
Contact Emas Law Group Today
Florida wants you to help when you can. The Good Samaritan Law is there to ensure that your act of kindness doesn't turn into a legal nightmare. At Emas Law Group, we believe in community and safety. If you have questions about liability after an accident—whether you were the victim or the helper—we are here to provide answers.
Frequently Asked Questions
Can I be sued for breaking ribs during CPR?
It is very unlikely. Broken ribs are a common side effect of proper CPR. The Good Samaritan Act would almost certainly protect you.
Does this apply to doctors in the ER?
No. Doctors working in an ER are paid for their services and have a duty to patients, so the Good Samaritan Act does not apply to their normal work.
What if I move an injured person and paralyze them?
If moving them was necessary for their safety (e.g., car on fire), you are protected. If there was no immediate danger and you moved them unnecessarily, protection is less clear.