Can You Be Sued for Not Stopping to Help?

When you come across a person in distress or an emergency situation such as a car accident or drug overdose, can you be sued for not stopping to help?

In some situations, when you turn a blind eye to a person in danger, you may need to cope with pangs of guilt — and lawsuits, too.

Here's what everyone, especially Good Samaritans, need to know.

General Rule: No Duty to Rescue

In general, a person has no duty to rescue another person who is in danger, regardless of the ease of rescue and the consequences of non-rescue.

Although an arguably callous rule, the rationale is that it would be insanely tough to predict what kind of action (or inaction) would trigger a legal obligation. There would be a lot of personal judgment and second-guessing involved. A good law is one that is predictable and objective.

To temper the rule's tendency to incentivize apathy, most states have enacted "Good Samaritan laws" that protect do-gooders from civil liability to encourage people to stop and help at the scene of an emergency without fear of legal action. These laws don’t only apply to people who come up on the scene of an accident but may also apply to people having a medical emergency or drug overdose. For example, a recent New Jersey law extends this protection to Good Samaritans who call 911 to report a drug overdose. You should check local laws to learn what is covered in your particular state.

In the vast majority of situations, you won't face civil liability for failing to stop and provide reasonable assistance like first aid and other emergency care while you wait for law enforcement or medical professionals to arrive.

Exceptions: You 'Started It' or You're 'Special'

With every general legal rule comes exceptions. Although there is generally no duty to come to a person's rescue or provide them with reasonable care, there are some situations in which a person can be sued for not playing hero.

One such situation is when the rescuer's negligence caused the need for the person to be rescued. If you had a hand in creating the perilous situation, such as a car crash, then you're generally under a duty to rescue the person in danger.

Also, you have a duty to rescue a person when you have a special relationship with the victim, such as a parent-child or school-student relationship.

In addition, some states impose a duty to rescue crime victims or to report crimes, but only if you can do so "without danger or peril" to yourself or others.

If a duty exists, and the rescuer fails to act, that can form the basis of a negligence lawsuit. A victim can try to prove negligence by showing a party breached a duty, which in turn caused the victim's injury. If the rescuer is found to be liable they may be ordered to pay for things such as pain and suffering and medical bills for the victim as part of a personal injury lawsuit.

For guidance as to whether rescuer liability applies you may want to consult an experienced personal injury lawyer near you to get legal advice concerning the facts of your specific case.

Related Resources:

• Are 1st Responders Liable for Rescues Gone Wrong? (FindLaw's Law and Daily Life)
• Who Is Liable for a School Field Trip Injury? (FindLaw's Law and Daily Life)
• When Do Therapists Have to Disclose Threats? (FindLaw's Law and Daily Life)