What Is Texas’ Good Samaritan Law?

The State of Texas wants to encourage strangers to help others in emergencies. It recognizes that fear of liability for unintentionally making things worse can stop some people from offering assistance. Like many states, Texas passed a Good Samaritan Law to ease these concerns and promote prompt action after accidents. Understanding Texas’ Good Samaritan Law could help you save lives.

Who Does the Good Samaritan Law Protect?

Texas’ Good Samaritan Law states that any person who acts in good faith to administer emergency aid will not be liable for any of the victim’s related damages. As long as the Good Samaritan was making an honest attempt to assist the accident victim, he or she will not be civilly liable for damages. The victim will not be able to file a lawsuit against the Good Samaritan even if the stranger unintentionally made the victim’s injuries worse.

If you pull a crash victim out of a burning vehicle in a good faith attempt to help, for example, but in doing so exacerbated his or her spinal cord injury and caused permanent paralysis, the victim would not be able to bring a cause of action against you. As long as you were acting to assist the victim in an emergency and did not do so recklessly, you will generally not be liable for damages. Some exceptions to the Good Samaritan Law exist, however.

Limits of the Good Samaritan Law

The Good Samaritan Law does not bar an accident victim from recovery for all actions from a person rendering aid. If the Good Samaritan behaved recklessly, negligent, carelessly, wantonly or in bad faith, the injured victim could still file a claim against that person for making injuries worse. A Good Samaritan who causes an injury could also face liability if he or she was at the scene of the accident to solicit business, expected payment for the assistance, works normally in emergency services or is the person who caused the initial accident.

A commonly used exception to the law is that the Good Samaritan has a career in the medical field. Even if the person was not working at the time of rendering emergency assistance, he or she could be liable for the victim’s damages if he or she caused them. Someone who administers care professionally, such as a nurse or paramedic, could be liable for causing a victim’s injuries even if he or she was not on the clock at the time.

Helping victims after an accident you caused means you will also not have protection from liability. If you were at fault for causing the accident or disaster, victims can still seek financial restitution from you on the basis of negligence even if you stop to render aid. You legally must help if you are in a position to do so. Texas’ traffic laws require drivers in car accidents to stop at the scene and render aid to any injured victims. Failing to help people after an accident you caused or contributed to is the crime of hit-and-run.

How to Protect Yourself From Liability as a Good Samaritan

For the most part, if you are not a medical professional, do not expect payment for helping and render aid in good faith, you will be safe from liability for lending a hand in an emergency or after an accident. Acting as a reasonable and prudent person would in the same situation will generally safeguard you from liability under Texas’ Good Samaritan Law. If you wish to protect yourself even more as a Good Samaritan, however, consider taking a course to improve your ability to administer basic emergency care safely and effectively. Obtain CPR, first-aid or AED certification to learn more about how to help someone in an emergency. This could help you avoid worsening someone’s injuries and risking liability. It could also help you save lives.