We’d all like to believe we’d render aid in an emergency, and most Americans are more than willing to help a suffering injury victim, even when a state like New Jersey doesn’t legally require bystanders to help. Fortunately, New Jersey’s Good Samaritan Laws protect those who put their own interests aside while trying to give aid and comfort to those in immediate danger from serious injuries.
The Good Samaritan Law in New Jersey protects helpful bystanders from suffering civil lawsuits if they unintentionally omit critical care, perform a life-saving procedure incorrectly, or accidentally cause additional harm. But as important as these protections are, does it mean that a person who suffers harm due to negligent care has no option for recovering compensation?
What Is New Jersey’s Good Samaritan Law?
Like other states, New Jersey has a Good Samaritan Law; however, each state’s law varies in its language and scope. Under N.J.S.A. 2A:62-A1, the law states the following:
“Any individual … who in good faith renders emergency care at the scene of an accident or emergency to the victim or victims thereof, or while transporting the victim or victims thereof to a hospital or other facility where treatment or care is to be rendered, shall not be liable for any civil damages as a result of any acts or omissions by such person in rendering the emergency care.”
The law applies to bystanders with no emergency care qualifications and emergency volunteers as long as an individual renders aid in good faith, they have immunity to civil liability.
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Who Do Good Samaritan Laws Cover In New Jersey
Sometimes untrained bystanders who act while in a state of panic can render ineffective emergency aid or even cause additional injuries to the victim of an accident or medical emergency. The state’s Good Samaritan law protects these individuals from the threat of civil liability when their intentions were only to help. Good Samaritan protection covers the following:
- Individuals with no medical training who attempt to assist injury victims in an emergency
- Off-duty doctors, nurses, and other medical professionals who are NOT on the job when they attempt to help during an emergency
- Members of volunteer emergency services
Although this law applies only to volunteers and bystanders, it’s commonly misconstrued, leaving those harmed by a negligent paramedic or paid emergency worker wrongfully believing they have no options to recover compensation for damages such as additional medical expenses, lost income, and pain and suffering.
Are There Exceptions to the Good Samaritan Law?
New Jersey’s civil court upholds the protections of the state’s Good Samaritan Law except in cases of gross negligence or if an individual intentionally causes harm to an injured victim. While it’s always beneficial to inspire others to help in emergency situations without the fear of being sued, the wording of New Jersey’s Good Samaritan Law sometimes prevents injury victims from recovering compensation when an emergency service worker fails to provide care that meets the standards accepted by the medical community.
It’s important to note that those who are paid to provide care, including licensed professionals involved in emergency services, must meet the standard of care set by the medical community. These professionals do not fall under the protections of the Good Samaritan Law.
When a medical provider/patient relationship exists at the time the negligent care occurs, the injury victim has a right to file a claim for compensation to cover the additional damages they suffered due to the negligent care. If you are in this position, reach out to our personal injury attorneys in South Jersey for help.
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