Colorado’s Good Samaritan Act
In Colorado, as in many states, there is a law that protects people from being sued by someone they assist in an emergency where no money exchanges hands. This law is called the Good Samaritan Law.
Whether a medical professional or not, if you are at the scene of an emergency and render medical aid, the Good Samaritan Law will protect you should your attempt at help fail or cause further injury to the victim.
This law was designed to help save the lives of injured parties in crisis without the good Samaritan fearing consequences for their unselfish act.
Who Is Protected under the Law?
Anyone can benefit from the Good Samaritan Law, including::
- Doctors and nurses
- Surgeons
- EMTs and paramedics
- EMTs and paramedics
- Other licensed medical professionals
- EMTs and paramedics
If the person helping the injured party does not receive money for their act of kindness, they can not be held accountable should the victim sustain further injury. If the person acted in good faith but caused more harm to the victim due to a mistake, they will be protected under the Good Samaritan Act.
Exceptions to the Good Samaritan Act
If the person providing aid is found guilty of deliberate misconduct or gross negligence, they can be found financially liable for any damages sustained by the victim, including:
- Medical bills
- Future financial loss
- Property loss or damage
- Punitive damages
911 Good Samaritan Law
Drug overdose has become a national epidemic, partly because people are scared they’ll get arrested, fined, or imprisoned if they call the police or emergency services for help regarding an overdose.
The 911 Good Samaritan Law states that regardless of the caller’s drug use or intoxication, they will be “immune from criminal prosecution for an offense when the person reports, in good faith, an emergency drug or alcohol overdose even to a law enforcement officer…”
In Colorado, you will get protection under the 911 Good Samaritan Law if:
- You report in good faith a drug or alcohol overdose to law enforcement, a medical provider, or 911
- You remain at the scene or the hospital until law enforcement or an emergency medical responder arrives
- You cooperate with law enforcement, emergency medical responders, and healthcare providers
- Your offense is linked to the events surrounding the emergency drug or alcohol overdose
You do not need to speak to law enforcement about your role in the events that led to the overdose or how the overdose occurred. Once the victim is safe, you should call an attorney for advice on your next steps, if necessary.
Because most drug overdoses need quick action, this law was implemented to protect others from legal repercussions by reducing the fear of being charged with a crime, and saving lives.
Exceptions to the 911 Good Samaritan Law
The 911 Good Samaritan Law is not a free pass to indulge in drug-related activities.
Those who will not be protected under this law include:
- Drug traffickers
- Those driving while under the influence (DUI)
- Drug-related and alcohol-related serious offenses
If you are with another person who overdoses, you should contact 911 or seek immediate medical care, then reach out to an experienced Denver lawyer to learn your rights.
Should Ordinary Citizens Provide Emergency Services?
The Colorado Good Samaritan Act states that anyone can help save someone in an emergency without the fear of prosecution as long as the services provided to the victim are in good faith.
However, if you do not have medical training of any kind, your best response may be to immediately call for help and give the emergency responders as much assistance as possible regarding the accident, the victim, and their injuries.
Always wait for the first responders to arrive to ensure the victim stays as safe as possible.
The Good Samaritan Act and Personal Injury Claims
The Good Samaritan Act does protect parties from liability should their assistance cause more harm to the victim, but the victim may still find grounds to file suit for negligence if the person who administered aid caused or contributed to the original injury or accident.
Contact Us
To learn more about the limits of the Good Samaritan Act and how it may apply to your case, contact a Denver personal injury lawyer.
If you suffered because of another person’s attempts at assistance, you may be eligible to file a personal injury lawsuit, and our team will help determine if you have a claim for damages. For additional information about your legal options in these situations, contact our personal injury attorneys at Hull & Zimmerman or call (303) 647-1999 today.