Facebook
Twitter
LinkedIn
Instagram
  • Instructor Application
  • AHA Instructor Training
  • Regulatory Information
  • The Importance of Having an AED Program
Questions? Call Now:
1-800-695-5655Enroll Now
EMC CPR Training - Onsite Training First Aid - CPR - AED Management
  • Workplace Training
    • Onsite Training
    • Blended Learning
    • Blended Learning with Remote Skills Session
  • Shop AEDs
    • Automated External Defibrillators
    • AED Management & Oversight
  • Training Programs
  • Resources
    • NYC DOE CPR/AED Training Requirements
    • Instructor Application
    • AHA Instructor Training
    • Our Locations
    • Blogs
    • Regulatory Information
    • Newsletter Archives
  • Contact CPR Training
Product was added to your cart

Cart

woman practicing CPR

The Difference Between Good Samaritan Laws & Duty to Rescue Laws

January 13, 2021CPR Training

Last Updated on April 30, 2023 by CPR Training

Good Samaritan Performing CPRWe’ve written previously about the legal side of CPR, the mechanics of Good Samaritan laws, and common myths about CPR (including “you will get sued”). This article discusses the origin of the “Good Samaritan” concept, how these laws differ from “Duty to Rescue” laws, and how important they are.

When it comes to lifesaving measures like CPR, time is of the essence. Survival depends on removing as many barriers to rescue as possible in advance. Good Samaritan laws are meant to remove a very specific psychological barrier to rescue: Fear of failure.

First, while we do our best to provide information relevant to people in lifesaving roles, this is not a legal journal, we are not lawyers, and we do not provide legal advice. With that in mind, please talk to an attorney for conclusive advice on the legality of rendering emergency aid under different circumstances in your state. 

Table of Contents
  • Where does the term “Good Samaritan” come from?
  • What’s a “Bad Samaritan” law (“Duty to Rescue”)?
  • Does my State have a Good Samaritan law or a Duty to Rescue law?

Where does the term “Good Samaritan” come from?

The term “Good Samaritan” refers to a parable in the Christian Bible in which a character helps a stranger on the road. In it, a guy has been beaten, robbed, and left to die. Another local, a priest, walks by… and keeps walking. Yet another guy comes along from a place most locals don’t like (Samaria). The Samaritan sees the victim. He takes the guy to an inn, clothes him, nurses and cleans him up, and pays the bill for him to stay there.

For our purpose, that story’s important elements are: 

  1. A stranger
  2. sees someone who needs help.
  3. He has no obligation to do anything about it, and
  4. he doesn’t expect payment for helping the person, yet
  5. he helps rescue the victim anyway.  

These elements pretty closely match the elements of Good Samaritan laws in the United States. Most people would like to think they’d do the same as the Samaritan, and maybe they would. One barrier to people feeling safe helping a person in danger is fear that a mistake will get them sued or arrested.

So, “Good Samaritan” laws protect people who try to help others who are in danger. The logic goes that if people know they are protected, they’re more likely to help.

What’s a “Bad Samaritan” law (“Duty to Rescue”)?

Another legal approach to removing barriers to action are “duty to rescue (or report)” laws. These are sometimes referred to as “Bad Samaritan” laws. Instead of removing the fear of doing harm, these laws impose some measure of punishment for doing nothing when someone else is in danger.

Sometimes these refer to specific people who are required to help others they’re already responsible for. (Examples include school teachers and parents.) In a few other cases, these require strangers to intervene and/or report in cases of emergency.

Does my State have a Good Samaritan law or a Duty to Rescue law?

At the time of this writing, to the best of our knowledge, every US state has some version of a Good Samaritan law. Only a handful of states (Minnesota, Rhode Island, and Vermont) require bystanders to help someone in danger if it won’t put the “Samaritan” in danger. A few more (Hawaii, Washington, and Wisconsin) require bystanders to report a crime or other emergencies.

These obligations vary, and many states have specific rules for caretakers and trained medical professionals as well.

Opinions vary on whether duty to rescue laws are as effective as Good Samaritan laws for inspiring people to act to rescue others in need. One thing is for sure: Anything that increases the chances of survival for the victim and does no harm is a win. After all– every minute counts. 

 

Disclaimer

All the information on this website – www.emccprtraining.com – is published in good faith and for general information purposes only. EMC CPR &  Safety Training, LLC does not make any warranties about the completeness, reliability, and accuracy of this information. Any action you take upon the information you find on this website (EMC CPR &  Safety Training, LLC), is strictly at your own risk. EMC CPR &  Safety Training, LLC will not be liable for any losses and/or damages in connection with the use of our website.

From our website, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link which may have gone ‘bad’.

Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their “Terms of Service” before engaging in any business or uploading any information

By using our website, you hereby consent to our disclaimer and agree to its terms.

Get CPR training for your team!

If you have any questions feel free to email us at info@emccprtraining.com

CONTACT ONE OF OUR EXPERTS HERE

Tags:Good Samaritan Law

Share:

Previous postCPR & Cardiac Arrest Survival RatesNext postDo I Need to be Certified to Administer CPR?

Related Articles

Do I Need to be Certified to Administer CPR?

March 1, 2021CPR Training

7 Common Myths About CPR Debunked

May 20, 2011duehring1202
EMC CPR Training - Onsite Training First Aid - CPR - AED Management

Recent Posts

  • The Benefits of Nationwide Employee Training
  • AED Laws in Tampa Florida
  • Implementing the Pediatric Chain of Survival
  • How to Buy Defibrillator for Home: Quick Life-Saving Tips
  • CPR Classes Indianapolis: Empower Your Team

Recent Comments

    Archives

    • March 2025
    • January 2025
    • July 2024
    • May 2024
    • January 2024
    • December 2023
    • November 2023
    • October 2023
    • September 2023
    • August 2023
    • July 2023
    • June 2023
    • May 2023
    • March 2023
    • February 2023
    • January 2023
    • December 2022
    • November 2022
    • October 2022
    • November 2021
    • October 2021
    • June 2021
    • April 2021
    • March 2021
    • January 2021
    • October 2020
    • September 2020
    • January 2017
    • May 2016
    • September 2015
    • September 2014
    • June 2014
    • March 2014
    • February 2014
    • September 2013
    • May 2013
    • February 2012
    • September 2011
    • July 2011
    • May 2011
    • March 2011

    Interested in CPR classes for your team? Get in touch.

    Send a message
    1-800-695-5655

    Contact Us

    Nationwide Customer Service:
    1-800-695-5655
    New York | Chicago | Houston | Atlanta | Portland | Louisville | New Orleans | Cleveland | Seattle | San Francisco

    Hours of Operation

    Monday - Thursday
    9:00am - 5:00pm (EST)

    Friday
    9:00am - 4:00pm (EST)

    Follow Us

    Facebook
    Twitter
    LinkedIn
    Instagram
    About EMCOur StoryBlogFAQ
    Online Privacy Policy AgreementTestimonialsSitemap
    Copyright © 2022 EMC CPR & Safety Training All Rights Reserved.

    Call Us

    Contact

    Enroll