Don't Do Anything Your Not Trained To Do! Be Safe!
In today's litigious society, there can be a reluctance to help out in emergency situations. Fear of liability for any misstep can paralyze even the most helpful good Samaritan.
The truth is that each state has laws or regulations to protect the general public from liability during rescues or rescue attempts. Good Samaritan laws only help if the rescuer (or would-be rescuer) is acting without any expectation of reward. In other words, if you are getting paid to rescue then you aren't a good Samaritan. Depending on the state, getting rewarded after the fact can also count as expectation of reward. If you help someone at a car accident and then are rewarded monetarily or otherwise, you may be excluded from good Samaritan protection.
In some states, good Samaritan laws only cover medically trained rescuers (as in California after the 2008 decision by its Supreme Court), while other states extend protection to the general public. The good Samaritan concept is commonly applied in the courts, which means a case going that far may still be ruled in favor of the rescuer who was trying to help. What good Samaritan laws do for rescuers is provide a get-out-of-court-free card. In other words, unpaid rescuers may prevail in court with or without a good Samaritan law, but it's a lot cheaper if they have the protection.
Here are some good tips for staying out of court:
Take a CPR and FirstAid Course
Follow your training
Keep your certification current
Get professional help for the victim
Do not accept any gifts or rewards.
Good Samaritan laws do not protect you from everything. It is human nature to make mistakes. Good Samaritan laws take this into account and protect helpful citizens if the mistakes made are reasonable.
Since defining "reasonable" is so difficult -- even those covered under the good Samaritan law may find themselves defending a lawsuit. That means "reasonable" is defined by the lawyer.
Recent discussions as to CPR and its practice have caused some to say, “Do something, even if it is wrong,” as in hands only, is not supported by CPR Safety Services. As I have reviewed many court cases, I would advise that unless you have training and are certified in CPR and FirstAid, you should not act. The Good Samaritan Law needs to be clarified and redefined in most States.
Follow those recommendations above in the bullet points, they are the best way to stray out of court.
*This tip is not intended to serve as legal advice.