Martin Luther King Jr. once said, “Life’s most persistent and urgent question is, ‘What are you doing for others?'”
Whether you have witnessed a stranger step up or heard stories of bystanders coming forward to help someone in a life-threatening situation, it is our nature to want to help others.
But what happens when our rescue attempts go wrong?
Sometimes, our intentions to help others can lead to us getting injured in the process. Who’s responsible for your injuries if you acted in good faith to help another?
Keep reading to find out how Good Samaritan laws aim to protect those lending a helping hand and how having a personal injury lawyer on your side can help in the event of a claim.
What is the Good Samaritan Law?
The term “Good Samaritan” often refers to individuals who dedicate their time to providing assistance or services to others in need or during an emergency.
A good Samaritan can take many forms, from someone performing CPR on someone experiencing cardiac arrest to performing the Heimlich maneuver on someone choking at a nearby table in a restaurant. Regardless of your level of experience in medical emergencies, anyone can be considered a good Samaritan.
Good Samaritan laws exist to protect that person attempting to help another in need. That’s why every state has enacted some form of a Good Samaritan law.
South Carolina’s Good Samaritan law states:
“Any person, who in good faith gratuitously renders emergency care at the scene of an accident or emergency to the victim thereof, shall not be liable for any civil damages for any personal injury as a result of any act or omission by such person in rendering the 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, except acts or omissions amounting to gross negligence or willful or wanton misconduct.”
In other words, if a person attempted to help someone injured in a car accident, even if they were unqualified to do so but did so with the best intentions, they would not be held responsible in the event of causing further injuries.
Unpacking the Rescue Doctrine: The Benefit of Having a Personal Injury Attorney on Your Side
Attempting to understand a law’s legal scope can feel like trying to read a book in a foreign language – it’s confusing and frustrating, and no matter how many times you read one sentence, you can’t make sense of it.
But don’t worry – in this case, you can leave it to Hoffman. We’ll break down the role of the Rescue Doctrine in your slip-and-fall case, helping you better understand what it means and why having a legal professional on your side could be beneficial.
What is the Rescue Doctrine?
The Rescue Doctrine was initially established in 1921 after the case Wagner v. International Railway in New York.
In 1921, train passengers were still permitted to walk between train cars while the train was in motion. A passenger fell through the gap, where Wagner acted as a good Samaritan and went to help the fallen passenger. During his rescue attempt, Wagner was injured.
Given that Wagner’s injuries occurred while attempting to help the passenger, the fault was attributed to the negligent rider. After this case, the Rescue Doctrine was established to help those who were injured while acting as a good Samaritan can recover damages from the negligent party.
How Can the Rescue Doctrine Affect a Slip and Fall Claim?
For the Rescue Doctrine to apply in your slip and fall injury case, four elements must be proven:
- The danger was caused by the defendant and their negligence
- The plaintiff (you) was trying to rescue a person in a dangerous situation
- The plaintiff was injured or died while attempting to rescue that person
- The plaintiff was exercising reasonable care during their attempt
The Rescue Doctrine can be challenging to comprehend and even more so to prove in the context of a legal claim. Given the ambiguity and elements that must be present for the law itself to uphold in your case, it remains an essential piece to your legal case to have a highly qualified personal injury law firm on your side.
What to Do When Your Rescue Results in an Injury
What do you do if your attempt at a rescue turns into a slip-and-fall injury? Who is held responsible when you act as a good Samaritan?
Documentation is one of the most vital pieces of information in these cases. Document the events surrounding the rescue – what you witnessed before intervening, a detailed breakdown of what occurred, and witnesses’ contact information. This will help strengthen your case if it moves to court and provides testimony that could be critical to proving you acted “in good faith” and were injured in the process.
If your rescue attempt turned into an unimaginable claim, let our team at Hoffman Law Firm help. We are committed to protecting the rights of Good Samaritans and helping you recover compensation in the event your good faith attempt took a hurtful turn.
Did Good Intentions Lead to an Accidental Injury? Leave it to Hoffman Law Firm
If your good intentions resulted in an accidental injury, you may find yourself seeking compensation for your injuries.
Just leave it to Hoffman.
With offices in Charleston and Georgetown, SC, we are committed to supporting those throughout the Palmetto State. We have established a reputation for success and excellent service!
To meet with a member of our team, schedule your free consultation today.
