Does Alabama Have a Good Samaritan Law?

When someone who witnesses an accident jumps in to help an injury victim, can that victim sue the person if the aid they provide is harmful? In many circumstances, the answer is no.

Alabama’s Good Samaritan Law provides liability protection for anyone who gratuitously offers first aid or emergency care in an accident or disaster. Under this law, people who receive emergency assistance cannot sue the person for damages if the care is ineffective or harmful – provided those parties acted in good faith, without charge, and as another reasonable person would under the same circumstances. 

If injuries you sustained in an accident were exacerbated by the actions of people who came to your assistance, Alabama’s Good Samaritan Law may limit your ability to pursue legal claims against them. A skilled personal injury lawyer can help you by reviewing your case, determining your legal options, and pursuing a claim when possible.

Why Was the Good Samaritan Law Put in Place?

States like Alabama have Good Samaritan Laws to encourage people to render aid in emergencies. Immediate medical assistance may mean the difference between life and death for someone who’s been in an accident. However, without Good Samaritan Laws, someone might not provide a victim with emergency care out of fear that they could be held liable should they make a mistake and injure that person. In removing that fear, Good Samaritan Laws give accident victims the best chance at survival and recovery by encouraging bystanders to jump in and assist.

What Does the Alabama Good Samaritan Law Not Offer Protection From?

Alabama’s Good Samaritan Law only protects covered parties from liability for injury claims when they render assistance gratuitously – in other words, without compensation or as part of their job or legal duties. For example, an emergency medical technician who responds to the accident scene during their duties does not enjoy the protections of the Good Samaritan Law because they are helping the victim as part of their job rather than “gratuitously.”

Someone providing assistance under the Good Samaritan Law must also act in good faith. The law may not protect someone who commits gross negligence or willful misconduct in assisting an accident victim. Gross negligence involves knowingly or intentionally disregarding a substantial risk of injuring others. In addition, the person helping must act like a reasonably prudent individual would in the same or similar conditions.

Who Does Alabama’s Good Samaritan Law Cover?

The Good Samaritan Law protects anyone acting in good faith, without charge, and in a reasonable manner. You don’t have to be a healthcare professional to be covered by the Good Samaritan Law. A bystander to an accident or emergency can usually provide reasonable aid without fear of liability, even without special medical training.

However, the Good Samaritan Law specifically outlines numerous categories of healthcare professionals it applies to. The statute explicitly identifies the following as covered parties:

• Medical doctors
• Dentists
• Nurses
• Organized rescue squad members
• Police officers
• Firefighters, including members of organized volunteer fire departments
• Community emergency response teams certified by the Federal Emergency Management Agency (FEMA)
• Licensed emergency medical technicians
• Interns or residents practicing in Alabama hospitals in training programs approved by the American Medical Association (AMA)
• Alabama state troopers
• Medical aid workers or helicopter crews functioning as part of military assistance to safety and traffic programs
• Chiropractors

The Good Samaritan Law also applies to:

• Public education employees
• State and federal agency-qualified mine rescue personnel engaged in mine rescue operations
• Licensed engineers, architects, surveyors, and contractors participating in emergency response activities under the direction of community, county, state, or federal emergency management agencies
• Ordinary bystanders who attempt to help someone who appears to be undergoing cardiac arrest, along with doctors and companies involved in placing defibrillators, offering training, etc.

Does Alabama Have a Good Samaritan Law for Drug Overdoses?

Alabama also has a type of Good Samaritan Law that provides immunity from prosecution for various misdemeanor drug-related crimes when seeking medical assistance for someone suffering from an apparent drug overdose. A person may qualify for immunity from prosecution if:

• The person acts in good faith and reasonably believes that no one else has sought assistance for the individual in distress.
• The person uses their name when contacting authorities to report the overdose.
• Law enforcement first becomes aware of a possible misdemeanor drug crime because the person sought medical assistance for another individual.
• The person seeking assistance stays with the individual needing medical assistance until first responders arrive.

What If Someone Caused or Worsened My Injuries in Alabama?

Did someone not protected by Alabama’s Good Samaritan Law cause or worsen your injuries after an accident? If so, you may have grounds to pursue a legal claim against that individual to seek money for your:

• Costs of additional medical treatment and rehabilitation
• Costs of long-term disability care
• Lost income from additional time you need to take off work
• Lost future earning capacity
• Additional pain and suffering
• Lost quality of life due to physical disabilities or severe scarring and disfigurement

Under Alabama law, you typically have two years to file a personal injury lawsuit against someone who provides assistance falling outside the scope of the Good Samaritan Law.  A personal injury attorney can help determine if someone’s actions were not covered by the law and file your claim before the deadline.

Contact an Alabama Personal Injury Lawyer

If someone’s improper attempts to treat you in an emergency exacerbated the injuries you suffered, talk to a lawyer about your legal options. Contact Gartlan Injury Law for a free, no-obligation consultation with an experienced personal injury attorney. We will discuss how our firm can help you pursue financial recovery for your medical treatment, lost income, and pain and suffering. Don’t delay – reach out today.

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Aaron Gartlan

Aaron Gartlan is a graduate of Troy University and the Thomas Goode Jones School of Law who focuses his practice exclusively on representing those injured by the wrongdoing of others. He is member of the National Trial Lawyers Association’s Top 100 Trial Lawyers, Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. In addition to his legal practice, Aaron teaches Business Law as an adjunct instructor at Troy University’s Sorrell College of Business and serves as a field artillery sergeant in the Alabama National Guard.