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Georgia’s Good Samaritan Law

By Evan L. Kaine

While we hope that no one is ever in need of emergency medical attention, the summer months tend to see a rise in injuries and trauma.  This brings our series to the topic of Georgia’s Good Samaritan Law…

As human beings, it is in our nature to want to care for the injured.  However, as citizens of a modern society, we are often fearful of being sued if we render aid to anyone without first obtaining their written promise – in blood – NOT to sue.

Georgia lawmakers, seeking to overcome that fear and to encourage people to provide emergency aid at the scene of an accident, enacted O.C.G.A. § 51-1-29.

O.C.G.A. § 51-1-29, otherwise known as the “Good Samaritan Law,” states:

“Any person, including any person licensed to practice medicine and surgery … and including any person licensed to render services ancillary thereto, who in good faith renders emergency care at the scene of an accident or emergency to the victim or victims thereof without making any charge therefore  shall not be liable for any civil damages as a result of any act or omission by such person in rendering emergency care or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person.”

TAKE NOTE of section in bold above…in order to be protected under O.C.G.A. § 51-1-29 (a.k.a. the Good Samaritan Law), the individual rendering aid must not charge the individual receiving aid for the services rendered.  Thus, if you render emergency aid and you do not receive any compensation for it and you do not intentionally harm the injured person, you cannot be held liable for civil damages.

Hopefully, after reading about the Good Samaritan Law, you will feel confident to provide (or receive) emergency aid if you find yourself in a situation requiring it.  With that in mind, please share this blog entry with friends and family so they, too, can become educated about the Good Samaritan Law.

For more information, see: http://www.astho.org/Programs/Preparedness/Public-Health-Emergency-Law/Emergency-Volunteer-Toolkit/Volunteer-Protection-Acts-and-Good-Samaritan-Laws-Fact-Sheet/

For more information about this article, contact Kaine Law.

 

Published June 12, 2014

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