What to Know About Nebraska’s Good Samaritan Law

Good Samaritan laws are designed to protect individuals who assist others in emergencies from legal liability. Nebraska Good Samaritan Laws, in particular, provide legal protections for those who offer help during such situations. These laws encourage bystanders to provide necessary aid without fear of legal repercussions.

Several states have enacted similar laws to address specific issues, such as the legalization of marijuana and the implementation of Good Samaritan laws. While marijuana has been legalized in various states, it remains illegal at the federal level, affecting educational institutions. Additionally, certain states have established laws to protect individuals providing emergency assistance, aimed at promoting public health and safety.

Introduction to Good Samaritan Laws

Good Samaritan laws are designed to protect individuals who provide emergency assistance to those in need. These laws aim to encourage people to offer emergency aid without fear of legal consequences. 

In the United States, many states have enacted Good Samaritan laws to promote public health and safety. For example, Nebraska’s Good Samaritan Law provides immunity from civil damages for individuals who render emergency care in good faith. 

This law applies to individuals who provide emergency medical assistance, including volunteer fire department personnel and emergency responders. By understanding Good Samaritan laws, individuals can feel more confident in offering assistance in emergency situations, such as drug overdoses or heart attacks, without worrying about potential legal risks.

If you are one of the first people to the scene of an accident or emergency, it may be in your nature to help. Offering assistance and rendering aid to others would make you a “Good Samaritan” – someone who does good deeds without any expectation of getting rewarded for them. In an effort to encourage Good Samaritans, Nebraska and many other states have passed laws protecting these individuals from liability for injuries accidentally caused in a good-faith attempt to help others.

What Is Nebraska’s Good Samaritan Law?

The Good Samaritan Law in Nebraska is found in the Nebraska Revised Statutes (NRS), Section 25-21,186. This law states that no person who renders emergency care at the scene of an accident or another type of emergency gratuitously shall be held liable for civil damages that occur as a result of the act or omission performed by the person. The criteria for legal protections under this law include providing assistance without gross negligence and meeting specific conditions outlined in the statute.

The Good Samaritan Law applies to someone who is rendering emergency care or helping others in good faith, including providing for or arranging medical treatment or care for an injured person. The law specifies that it also applies to breaking into a motor vehicle to remove a child, when necessary. “Good faith” means an honest attempt to offer aid to an accident victim. Such a person is protected from civil liability as long as the assistance is given without gross negligence.

What Does the Good Samaritan Law Do?

The basis of a Good Samaritan Law is that someone who renders assistance after an accident in an honest attempt to help those in need should not be punished or otherwise face liability for unintentional injuries, harm or property damage inflicted while helping. Individuals are protected from liability for their acts as long as they are not grossly negligent. The purpose of this law is to encourage citizens and the general public to step in and help accident victims who need emergency assistance without fear of being sued later for unintentional harm done.

For example, if a civilian is the first to the scene of a car accident and stops to pull someone out of a burning vehicle, the civilian would not be held liable if the pulling motion exacerbated a spinal cord injury and left the victim permanently paralyzed. Since the Good Samaritan offered assistance in a good-faith attempt to save the victim’s life, the civilian would not be responsible for any unintentional damage caused unless their actions were grossly negligent.

Who Is Protected Under the Good Samaritan Law?

The term “gratuitous” means something that is given free of charge or without an obligation to do so. For this reason, Nebraska’s Good Samaritan Law does not apply to on-duty police officers. Under Section 35-107 of the law, however, volunteer fire departments, first aid, rescue and emergency providers are exempt from liability for damages that arise as a result of their actions or omissions while rendering good-faith assistance. Doctors and other medical personnel are also encouraged to provide emergency assistance under the law.

Nebraska also has a Good Samaritan Law for cases involving drug overdoses (NRS 28-472). This rule specifically protects those who request emergency assistance in response to a drug overdose from criminal liability. It states that no evidence obtained when someone calls for medical assistance during a drug overdose shall be admissible in court during a related criminal case against the individual. This protection extends to medical personnel who assist in these emergencies, ensuring they are not penalized while rendering good-faith assistance.

Are There Exceptions to the Rule?

There are two main exceptions to Nebraska’s Good Samaritan Law. First, the Good Samaritan cannot have provided assistance for an injury that his or her negligence caused. If a drunk driver causes a car accident, for instance, that driver cannot escape liability for a victim’s injuries just because he or she subsequently helped the victim. Individuals may face criminal charges if their actions are grossly negligent or reckless. Secondly, the Good Samaritan Law will not apply if the person rendering aid behaves in a reckless manner, negligently, or willfully and wantonly, and this causes injury to the victim.

Drug Overdose Response

Responding to a drug overdose requires quick and decisive action. Good Samaritan laws can play a crucial role in encouraging individuals to seek emergency help in these situations. By providing immunity from prosecution for individuals who seek emergency help for someone experiencing a drug overdose, these laws promote public health and safety. In Nebraska, the Good Samaritan Law provides protection for individuals who render emergency care in good faith, including those who administer naloxone or other opioid antagonists. It is essential to understand the law and its provisions to ensure that individuals can provide emergency assistance with confidence.

Importance of Good Samaritan Laws

Good Samaritan laws are essential for promoting public health and safety. By providing protection from civil damages for individuals who provide emergency assistance, these laws encourage people to act quickly and decisively in critical situations. In Nebraska, the Good Samaritan Law has been instrumental in promoting public health and safety, particularly in situations involving drug overdoses and underage drinking. By understanding the law and its provisions, individuals can provide emergency assistance with confidence, which can help save lives and promote public health and safety. It is crucial to continue to promote and support Good Samaritan laws to ensure that individuals can provide emergency assistance without fear of legal consequences.

How to Be a Good Samaritan

If you are one of the first people to the scene of a car crash or another harmful accident, pull over and render assistance as necessary, acting responsibly to avoid worsening the situation. Carefully consider your actions when deciding to help, as acting recklessly can have legal consequences. This may mean calling 911 to report the accident to the police, cooperating with officials, and making a good-faith attempt to provide emergency aid to injured victims. Stay on the phone with emergency personnel until someone arrives to take over. If you wish, you can also offer your services as an eyewitness if you saw the accident take place. This can help a victim recover financial compensation in a personal injury claim.