What You Need to Know About Illinois’ Good Samaritan Law
What to Know About the Good Samaritan Law
Originally derived from Christian theology, the Good Samaritan law no longer is confined to a religious context; it has been adopted by various states, including Illinois, as a protection for those who attempt to help in an emergency situation. The general concept behind Good Samaritan laws is relatively straightforward . People are (unfortunately) often reluctant to lend assistance in emergency situations because of the concern that they could be held liable for personal injury or death. These laws protect those who respond to emergencies by stating that non-professionals assisting people who are injured or ill cannot be held legally responsible for unintentional harm arising from rendering emergency care.
Illinois Good Samaritans Statute: Overview
The "Good Samaritan" law ensures legal protection for people who offer to help a person in an emergency, and in fact protects a much narrower range of behaviors than we often assume. In Illinois, the following provisions apply:
• In order to receive protection under the Act, the rescuer must be an "individual, including an employee of a corporation." This means that the protection can extend to business owners and employees under certain limited circumstances.
• While the Act protects individuals who render any type of assistance to a person in "sudden and acute emergency," the definition of "emergency" is narrowly drawn and may not extend to protections for drivers who arrive at the scene of an accident (with the exception of an emergency with regard to a child) or to employees of an apartment complex who attempt to assist someone in difficulty.
• The Good Samaritan Act only applies to civil cases, and does not protect from liability in any criminal cases, as specified by 745 ILCS 70/8.
If you suspect that your ability to collect damages has been negatively impacted by the application of the Good Samaritan Law in your case, it is important to review the facts with an experienced personal injury attorney.
Identifying Those Covered
Although "Good Samaritans" are recognized as a simple this-is-the-way-it-should-be, the law’s application is not so simple. Who qualifies for immunity? One who acts outside the scope of his or her regular employment? (i.e., a nurse leaving the hospital to assist an accident victim?) One who is licensed or certified which specifically permits him or her to treat the condition at issue? (i.e., a medical doctor treating a layman’s stab wound?) An employee providing assistance to a co-worker? (i.e., a cashier performing CPR on an unconscious customer?)
Courts have generally held that Good Samaritan laws afford protection only to those who were not actively negligent. Williams v. Chicago, 112 Ill.App.3d 771, 773, 447 N.E.2d 1203 (1983). A Good Samaritan may be held liable for failing to meet the standard of care if he or she "willfully and wantonly" injures a victim, negligently or intentionally harms a victim, or has an affirmative duty to act with reasonable care and fails to do so. Id. In Williams, the court of appeals construed the phrase "willfully and wantonly" to mean "a reckless disregard for the safety and welfare of others." Id.
The courts have also fashioned an exception for those who are not acting for their own personal gain. Id., but see (Hernandez v. City of Chicago, 1997 WL 314640 (1st Dist. 1997) (court holding that the purpose of the Good Samaritan statute was to discourage people from interfering and inserting themselves into dangerous or volatile situations and award damages to plaintiff responding to vehicle crash); Ponn G. v. Bogan, 1995 WL 44251 (1st Dist. 1995) (finding that the Good Samaritan statute does not apply where person responding to vehicle crash administered mouth-to-mouth resuscitation).
It is also important to consider whether the individual acted under some sort of compulsion to respond to an emergency in order to enjoy liability immunity. Id. Illinois courts have held that the "Good Samaritan" statute does not apply where the person injured by goods that were thrown from moving boat by the owner and operator when the defendant struck defendant’s boat. Id. The court based its decision in part on the fact that the defendants were fleeing the boat of which they were in control, and acted out of fear for their own safety. Id. The court further noted that there was no evidence that such conduct was legally compelled. Id.
In conclusion, the GOTC immunity statutes should not be viewed as insulating everyone who intervenes at the scene of an emergency from liability to the person who dies or is injured as a result. The immunity statutes are intended only to assure those who respond to emergencies that the law will not impose on them a duty greater than that of a reasonable man, in view of the danger they confront. Sections 15 and 19 should not be interpreted to create rights of action for contributing or secondary negligence, or as a substitute for the ordinary rules of negligence.
Exemptions and Limitations
There are few limitations or exceptions for the Good Samaritan law in Illinois. These include:
• Intoxication: The Good Samaritan law does not apply if the rescuer is under the influence of alcohol or illegal drugs at the time of an emergency. The addresses the problem of intoxicated rescuers worsening the situation, and protects intoxicated rescuers from liability for injuries they may inflict. This exception does not apply to legal prescription or over-the-counter medications.
• Recklessness: The Good Samaritan law does not apply if the rescuer engages in reckless conduct that causes injury or worsens the situation. The law protects rescuers from liability for unintentional mistakes while attempting to do a good deed. Rescuers who intend to help but then engage in reckless behavior lose this protection.
• Abandonment: The Good Samaritan law may not apply if the rescuer abandons the victim after treatment is rendered. This places some risk on the rescuer. However, this does not mean that the Good Samaritan law does not grant such people immunity from lawsuits. The law may still apply even after the rescuer has abandoned the victim.
The rescuer is not protected if they intentionally or negligently injure the person they are trying to help. While most states offer protections like those of Illinois’ Good Samaritan law, there are slight variations.
Legal Effect on Emergency Services
One of the most common scenarios for the invocation of the Illinois Good Samaritan Law occurs in the realm of medical emergencies. In large cities such as Chicago, each firefighter and paramedic who responds to calls for assistance is trained and prepared to adhere to the Good Samaritan Law. However, it is uncertain if those who witness a medical emergency in suburban or rural areas are as well informed about their rights under the law. The Illinois Good Samaritan Law does not have a specific impact on the actions of first responders since no other laws exist obligating them to render assistance, and medical professionals, police officers and firefighters are already held to certain standards of conduct. However , those in non-professional positions are given the confidence needed to act quickly and decisively, and do so while feeling secure in the knowledge that their actions will not be second-guessed or scrutinized for failure to act within their expected level of experience or training. In addition, the word of mouth will travel quickly that the good deed should not turn into a legal entanglement, thus increasing the number of witnesses willing to aid someone in distress, and possible causing more individuals who sustain injuries to decide to refrain from filing an injury claim since they were helped out at the time. As a result, injury claims based on medical decisions or lack of medical decisions are impacted to a certain extent.
Case Studies and Application
In Illinois v. Berberian, a Markham resident was convicted of failing to disclose specific information required under the Good Samaritan Law. In that case, the defendant, having witnessed her mother-in-law suffering cardiac arrest, failed to contact the police or first responders for 20 minutes while she waited for her husband and daughter to return home from the store before contacting an ambulance. The conviction resulted in the defendant receiving two years of conditional discharge and a $2,000 fine plus additional charges for failure to report an emergency.
The defendant appealed on the grounds that the statute did not levy a duty of care to report an emergency, but the appellate court ruled that "we cannot agree that the statute imposes no affirmative duty to report." In its conclusion, the court cited precedent in deciding that while the child’s injuries had not directly resulted in Berberian’s actions, there was sufficient evidence that Berberian had known that the risk of having waited to contact first responders could directly cause serious injury or death.
In Norner v. Lichten, a Chicago resident called the police in response to an erratic driver threatening to kill herself. 911 dispatchers warned Norner that he must stay on the phone with the woman or else the call would be terminated, and remain with the woman, he informed her of his identity, wherein she replied "that she did not want to be with him anymore." The call was eventually disconnected, prompting the next-door neighbor to call police after the woman had been reported in serious distress.
Norner was charged with harassment through electronic communications, and eventually brought his case to the attention of the Illinois appellate court, which found that neither the Good Samaritan Law nor civil law would protect Norner from conviction for harassing phone calls to the suicidal woman. This seems to indicate that regardless of how one interprets the statute as holding a duty of care, the Good Samaritan Law does not extend any immunity from criminal charges – someone who attempts to act may still face consequences.
Final Thoughts: Why You Should Know
In spite of these protections, many witnesses to an emergency remain uncertain about whether to assist, for fear of being legally sued. Public awareness of such laws, especially among those with knowledge of First Aid or CPR certification, can encourage a more confident and timely response to emergencies in public places. According to a research study, nearly 30% of suffering individuals fail to receive immediate assistance from witnesses to an event due to a lack of bystander knowledge . Though the Good Samaritan Law in Illinois provides protection from civil liability for witnesses acting in good faith when responding to emergency situations, there is no law that requires witnesses to provide such assistance.
If awareness of the Good Samaritan Law in Illinois at least encourages even one person to act in an emergency situation where they had previously been hesitant to do so, it has fulfilled its purpose.