Justice

The Sorry State of 'Good Samaritan' Laws

Whether you can safely help a stranger during a crisis largely depends on where you live.
"The Parable of the Good Samaritan" as painted by Jan Wijnants (1670)Wikimedia Commons

A priest, a Levite, and a Samaritan walk down a road in the Bible. On the road is a man, who has been robbed, beaten, and left for dead.

You probably know the rest: The priest thinks, "If I stop to help this man, what will happen to me?" The Levite, same thing. The Samaritan thinks, "If I do not stop to help this man, what will happen to him?"

We generally laud “good Samaritans,” people who stop to aid someone in distress. But should you find yourself in such a situation while walking down a street today in Ann Arbor or Detroit, you, too, might hesitate: Michigan law protects medical personnel, “block parent volunteers,” and members of the National Ski Patrol from potential lawsuits related to any “emergency care” they render—but not anyone else. There are exceptions, however, if you're specifically giving CPR or using an emergency defibrillator. Got all that?

So what is a good person to do when she comes upon, say, the scene of an auto accident where a victim must be moved to avoid further injury or death? There are two answers: 1) Step in and hope you don’t cause further injury—but risk getting sued if you do or the victim dies despite your efforts. 2) Google the laws of wherever you are and consider the possible legal ramifications of helping.

The latter choice doesn't put you in great Biblical company. But to be fair, the original good Samaritan was operating in far less litigious times. He was not a doctor who could lose his license by helping in the wrong place or manner. And there was no 911 to call to summon more qualified people for the job.