Editing Good Samaritan law (section)

==Regions==
Good Samaritan laws tend to differ by region, as each is crafted based on local interpretations of the providers protected, as well as the scope of care covered.

===Australia===
Most Australian states and territories have some form of Good Samaritan protection.  In general, these offer protection if care is made in good faith, and the "Good Samaritan" is not impaired by drugs or alcohol. Variations exist between states, from not applying if the "Good Samaritan" is the cause of the problem ([[New South Wales]]), to applying under all circumstances if the attempt is made in good faith ([[Victoria (Australia)|Victoria]]).<ref>{{cite journal |last=Bird |first=Sara |date=July 2008 |title=Good Samaritans |url=http://www.racgp.org.au/afp/200807/200807bird.pdf |journal=Australian Family Physician |volume=30 |issue=7 |pages=570–751 |access-date=28 November 2017 }}</ref>

===Belgium===
The Belgian Good Samaritan Law imposes on anyone who is capable to aid a legal duty to help a person, who is in great danger, without putting himself or others in serious danger (article 422bis Criminal Code).<ref name="DAN Across Europe" />

===Canada===
In Canada, good Samaritan acts fall under [[Province|provincial]] jurisdiction.  Each province has its own act, such as [[Ontario]]'s<ref>{{cite web|url=https://www.ontario.ca/laws/statute/01g02|title=Good Samaritan Act, S.O., 2001 (Ontario E-laws website)|date=24 July 2014|access-date=2015-07-27}}</ref> and [[British Columbia]]'s<ref>{{cite web|url=http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96172_01|title=Good Samaritan Act [RSBC 1996] CHAPTER 172 (British Columbia Queen's Printer website)|access-date=2008-10-10}}</ref> respective Good Samaritan Acts,  [[Alberta]]'s, [https://www.justice.gov.nt.ca/en/files/legislation/emergency-medical-aid/emergency-medical-aid.a.pdf Northwest Territories], [https://laws.yukon.ca/cms/images/LEGISLATION/PRINCIPAL/2002/2002-0070/2002-0070.pdf Yukon]'s and [https://www.nunavutlegislation.ca/en/consolidated-law/emergency-medical-aid-act-consolidation Nunavut]'s Emergency Medical Aid Acts,<ref>{{cite web|url=http://www.qp.alberta.ca/1266.cfm?page=E07.cfm&leg_type=Acts&isbncln=9780779747214&display=html|title=Emergency Medical Aid Act (Alberta Queen's Printer website|date=17 September 2012|access-date=2014-09-29}}</ref> and [[Nova Scotia]]'s Volunteer Services Act.<ref>{{cite web|url=http://nslegislature.ca/legc/statutes/volnteer.htm|title=Volunteer Services Act 'Good Samaritan' RSNS 1989 (amend. 1992) (Nova Scotia Legislature website)|access-date=2008-10-10|archive-date=2010-09-15|archive-url=https://web.archive.org/web/20100915090859/http://nslegislature.ca/legc/statutes/volnteer.htm|url-status=dead}}</ref> Only in [[Quebec law|Quebec]], a [[Civil law (legal system)|civil law]] jurisdiction, does a person have a general duty to respond, as detailed in the [[Quebec Charter of Human Rights and Freedoms]].<ref>{{cite web|title=Quebec Charter of Rights and Freedom|url=http://www2.publicationsduquebec.gouv.qc.ca/dynamicSearch/telecharge.php?type=2&file=/C_12/C12_A.HTM |access-date=2012-07-18 |publisher=Éditeur officiel du Québec}}</ref><ref name="cangoodsam">{{cite web | title=Good Samaritan Law from The Canadian Association of Food Banks |url=http://www.cafb-acba.ca/english/GetInvolved-GoodSamaritanLaw.html  |access-date=2008-10-20 |publisher=Canadian Association of Food Banks (via Internet Archive) |archive-url = https://web.archive.org/web/20071217050919/http://www.cafb-acba.ca/english/GetInvolved-GoodSamaritanLaw.html |archive-date=2007-12-17 }}</ref>

An example of a typical Canadian law is provided here, from Ontario's Good Samaritan Act, 2001, section 2:

{{Blockquote|
Protection from liability

2. (1) Despite the rules of common law, a person described in subsection (2) who voluntarily and without reasonable expectation of compensation or reward provides the services described in that subsection is not liable for damages that result from the person's [[negligence]] in acting or failing to act while providing the services, unless it is established that the damages were caused by the gross negligence of the person. 2001, c. 2, s. 2 (1).<ref name="ontgoodsam">{{cite web|title=Good Samaritan Act, 2001 |publisher=Queen's Printer for Ontario, 2005 |url=http://www.canlii.org/on/laws/sta/2001c.2/20051114/whole.html |access-date=December 26, 2005 |archive-url=https://web.archive.org/web/20070213002307/http://www.canlii.org/on/laws/sta/2001c.2/20051114/whole.html |archive-date=February 13, 2007 }}</ref>
}}

===China===
There have been incidents in China, such as the ''[[Xu Shoulan v. Peng Yu|Peng Yu incident]]'' in 2006,<ref>{{cite news|url=http://www.danwei.org/law/common_sense_decency_and_crowd.php|archive-url=https://web.archive.org/web/20070910070511/http://www.danwei.org/law/common_sense_decency_and_crowd.php|title=A 45,000-yuan helping hand: common sense, decency, and crowded public transportation |date=September 7, 2007|archive-date=2007-09-10|website=Danwei.org }}</ref><ref>{{cite news |url=https://www.theglobeandmail.com/news/world/asia-pacific/ignored-toddler-doesnt-tell-the-whole-story-about-china/article2206105/|archive-url=https://web.archive.org/web/20111019145920/http://www.theglobeandmail.com/news/world/asia-pacific/ignored-toddler-doesnt-tell-the-whole-story-about-china/article2206105/|title=Ignored toddler doesn't tell the whole story about China|url-status=dead|date=Oct 19, 2011|archive-date=2011-10-19|work=[[The Globe and Mail]]}}</ref> where good Samaritans who helped people injured in accidents were accused of having injured the victim themselves.

In 2011, a toddler called Wang Yue [[death of Wang Yue|was killed]] when she was run over by two vehicles. The entire incident was caught on a video, which shows eighteen people seeing the child but refusing to help. In a November 2011 survey, a majority, 71%, thought that the people who passed the child without helping were afraid of getting into trouble themselves.<ref>{{cite web |url=http://www.china.org.cn/china/2011-10/28/content_23748172.htm |title=Youths Search Their Souls after Yue Yue's Death |date=2 November 2011 |website=China.org.cn |access-date=3 November 2011 }}</ref> Following the event, ''[[China Daily]]'' reported that "at least 10 Party and government departments and organizations in [[Guangdong]], including the province's commission on politics and law, the women's federation, the Academy of Social Sciences, and the Communist Youth League, have started discussions on punishing those who refuse to help people who clearly need it."<ref>{{cite news|url=http://usa.chinadaily.com.cn/epaper/2011-10/20/content_13941570.htm|title=Law mulled to make aid compulsory|last=Zheng|first=Caixiong|date=20 October 2011|work=chinadaily.com.cn|access-date=23 October 2011}}</ref> Officials of Guangdong province, along with many lawyers and social workers, also held three days of meetings in the provincial capital of [[Guangzhou]] to discuss the case. It was reported that various lawmakers of the province were drafting a good Samaritan law, which would "penalize people who fail to help in a situation of this type and indemnify them from lawsuits if their efforts are in vain".<ref>{{cite news|url=https://www.latimes.com/news/la-mobile-china-toddler-death,0,362417.story|title=Chinese toddler's death evokes outpouring of grief and guilt|last=Demick|first=Barbara|date=21 October 2011|work=Los Angeles Times|access-date=23 October 2011}}</ref> Legal experts and the public debated the idea in preparation for discussions and a legislative push.<ref name="YueWSJ">{{cite news |url=https://www.wsj.com/articles/SB10001424052970203752604576645033136435572 |first=Josh |last=Chin |title=Toddler's Death Stirs Ire in China |date=October 22, 2011 |access-date=October 22, 2011 |newspaper=The Wall Street Journal }}</ref> On 1 August 2013, the nation's first good Samaritan law went into effect in [[Shenzhen]].<ref>{{cite news |last=Huifeng |first=He |title=Shenzhen Introduces Good Samaritan Law |newspaper=[[South China Morning Post]] |date=1 August 2013 |url=http://www.scmp.com/news/china/article/1293475/shenzhen-introduces-good-samaritan-law |access-date=January 14, 2014 }}</ref> On 1 October 2017, China's national Good Samaritan law came into force, Clause 184 in Civil Law General Principles.<ref>{{Cite web |url=https://madeinchinajournal.com/2017/10/01/the-good-samaritan-law-comes-into-effect/ |title=The Good Samaritan Law Comes into Effect |date=October 1, 2017 }}</ref>

===Finland===
The Finnish Rescue Act explicitly stipulates a duty to rescue as a "general duty to act" and "engage in rescue activities according to [one's] abilities". The Finnish Rescue Act thus includes a principle of proportionality which requires professionals to extend immediate aid further than laypersons.

The Finnish Criminal Code<ref>{{Cite web|url=https://finlex.fi/en/laki/kaannokset/1889/en18890039|archive-url=https://web.archive.org/web/20050225222432/http://www.finlex.fi/en/laki/kaannokset/1889/en18890039|url-status=dead|archive-date=February 25, 2005|title=FINLEX ® - Translations of Finnish acts and decrees: 39/1889 English|website=finlex.fi}}</ref> stipulates:

{{Blockquote|
Section 15 – Neglect of rescue (578/1995)

A person who knows that another is in mortal danger or serious danger to his or her health, and does not give or procure such assistance that in view of his or her options and the nature of the situation can reasonably be expected, shall be sentenced for neglect of rescue to a fine or to imprisonment for at most six months.}}

===France===
In France, the law requires anyone to assist a person in danger or at the very least call for help. People who help are not liable for damages except if the damages are intentional or caused by a "strong" mistake.<ref>{{Cite web|url=https://www.legifrance.gouv.fr/codes/id/LEGIARTI000042083934/2020-07-05|title=Chapitre Ier : Dispositions générales (Articles L721-1 à L721-2) - Légifrance|website=www.legifrance.gouv.fr}}</ref><ref>{{Cite web|url=https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000037289588|title=Article 223-6 - Code pénal - Légifrance|website=www.legifrance.gouv.fr}}</ref>

===Germany===
In Germany, failure to provide first aid to a person in need is punishable under §&nbsp;323c of [[Strafgesetzbuch|its criminal penal code]]. However, any help one provides cannot and will not be prosecuted even if it made the situation worse or did not fulfill specific first aid criteria. People are thus encouraged to help in any way possible, even if the attempt is not successful.<ref>{{in lang|de}} {{cite German law |link = stgb |para = 323c |defull=Unterlassene Hilfeleistung |en = Omission to effect an easy rescue | de = Strafgesetzbuch | deab = stgb |language=}}. {{in lang|en}} [http://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html#p2729 English version].</ref> Moreover, people providing first aid are covered by the [[German Statutory Accident Insurance]] in case they suffer injury, losses, or damages.<ref>{{cite book|title=Sozialgesetzbuch 7|location=§2, §13|url=https://www.gesetze-im-internet.de/sgb_7/index.html}}</ref>

===India===
{{See also|Good Samaritan Law (India)}}
There were around 480,000 road accidents in India in 2016, in which 150,000 people were killed. The [[Good Samaritan Law (India)|Good Samaritan law]] gives legal protection to the good samaritans who help accidents victims with emergency medical care within the "Golden Hour". People are thus encouraged to help in any way possible, even if the attempt is not successful.<ref>{{cite web | url=https://morth.nic.in/good-samaritan#:~:text=The%20Good%20Samaritan%20Law%20allows,crash%2C%20or%20emergency%20medical%20condition | title=Good Samaritan &#124; Ministry of Road Transport & Highways, Government of India }}</ref>

===Ireland===
The Civil Law (Miscellaneous Provisions) Act of 2011<ref>{{cite Irish legislation |year=2011 |number=23 |section=4 |name=Civil Law (Miscellaneous Provisions) Act 2011 |stitle=Liability for negligence of good samaritans, volunteers and volunteer organisations |date=2 August 2011}}</ref> introduced legislation specifically addressing the liability of citizen good Samaritans or volunteers in the Republic of Ireland, without introducing a duty to intervene. This act provides for exemption from liability for a person, or voluntary organization, for anything done while providing "assistance, advice or care" to a person who is injured, in serious risk or danger of becoming injured or developing an illness (or apparently so). There are exclusions for cases of "bad faith" or "gross negligence" on behalf of the carer, and incidents relating to the negligent use of motor vehicles. This Act only addresses situations where there is no duty of care owed by the good Samaritan or the volunteer.

The pre-hospital emergency care council (PHECC) specifically addresses the good Samaritan section of the Civil Law Act of 2011 and states that "The use of skills and medications restricted to Registered Practitioners would be covered under the 'Good Samaritan' Act. This Act assumes that you had no intention to practice during this time and that you acted as a Good Samaritan, assisting until the Emergency Services arrive on scene and you can hand over."<ref>{{Cite web|title=Good Samaritan|url=https://www.phecit.ie/PHECC/The_Register/Registration_FAQs/Registration_FAQs.aspx|website=Pre-hospital emergency care council}}</ref>

===Israel===
In Israel, the law requires anyone to assist a person in danger or at the very least call for help. People who help in good faith are not liable for damages.{{cn|date=March 2023}} Helpers are eligible for compensation for damages caused to them during their assistance.

===Japan===
In [[Japan]], there are some laws that serve as an equivalent to Good Samaritan laws. For example, article 37 of the penal code states that:

"An act a person was compelled to take to avert a present danger to the life, body, liberty or property of oneself or any other person is not punishable only when the harm produced by such act does not exceed the harm to be averted; provided, however, that an act causing excessive harm may lead to the punishment being reduced or may exculpate the offender in light of the circumstances."<ref>{{Cite web |title=Penal Code - English - Japanese Law Translation |url=https://www.japaneselawtranslation.go.jp/en/laws/view/3581/en#je_pt1ch7at3 |access-date=2023-02-21 |website=www.japaneselawtranslation.go.jp}}</ref>

Another Good Samaritan law appears in Article 698 of the Japanese civil code, where the law offers the helper protection from liability stating that:

"If a manager engages in benevolent intervention in another's business in order to allow a principal to escape imminent danger to the principal's person, reputation, or property, the manager is not liable to compensate for damage resulting from this unless the manager has acted in bad faith or with gross negligence."<ref>{{Cite web |title=Civil Code - English - Japanese Law Translation |url=https://www.japaneselawtranslation.go.jp/en/laws/view/3494/en#je_pt3ch3at2 |access-date=2023-02-21 |website=www.japaneselawtranslation.go.jp}}</ref>

Furthermore, health professionals are subject to Duty to Rescue Laws.<ref>{{Cite web |title=Medical Practitioners' Act - English - Japanese Law Translation |url=https://www.japaneselawtranslation.go.jp/en/laws/view/3992/en |access-date=2023-02-21 |website=www.japaneselawtranslation.go.jp}}</ref>

===Romania===
In Romania, the health reform passed in 2006 states that persons without medical training offering basic first aid voluntarily at the indications of a medical dispatch office or from own knowledge of first aid maneuvers, acting in good will to preserve the life or health of another person cannot be held responsible under penal or civil law.<ref>https://www.cdep.ro/pls/legis/legis_pck.htp_act_text?idt=72105</ref>

=== United Arab Emirates ===
In November 2020, the United Arab Emirates was the first Arab country to pass a Good Samaritan law.<ref>{{Cite web|url=https://fotislaw.com/lawtify/good-samaritan-law-uae/|title=An Overview Guide on Good Samaritan Law in the United Arab Emirates}}</ref>

===United Kingdom===
In the common law of [[England and Wales]] there is no criminal liability for failing to act in the event of another person being in danger; however, there are exceptions to this rule. In instances where there has been an assumption of responsibility by the bystander, a dangerous situation was created by them, or there is a contractual or statutory duty to act, criminal liability would be imposed on the bystander for their failure to take action.

The courts are reluctant to penalize people attempting rescue. In England and Wales, the [[Social Action, Responsibility and Heroism Act 2015]] helps protect "good Samaritans" when considering a claim of negligence or a breach of duty.<ref>{{cite legislation UK|type=act|act=Social Action, Responsibility and Heroism Act 2015 | year=2015|chapter=3|access-date=8 May 2020}}</ref> This act is one of the shorter pieces of legislation in the UK with a length of just above 300 words, has thus far {{when|date=August 2024}} never been cited in court since becoming law, and is considered to be vague.{{by whom|date=January 2024}} The [[Labour Party (UK)|Labour Party]] at the time of the law's passing criticized it for being valuable in concept but lacking an earnest effort.

===United States===
All fifty states and the [[District of Columbia]] have some type of Good Samaritan law. The details of good Samaritan laws vary by jurisdiction, including who is protected from liability and under what circumstances.<ref>The laws include: Maryland Courts and Judicial Proceedings Code § 5-603; VA § 8.01-225; NC § 20-166 and § 90-21.14; SC § 15-1-310; TN 63-6-218; GA § 51-1-29; Long list for 50 states: https://recreation-law.com/2014/05/28/good-samaritan-laws-by-state/</ref>

Examples of the Good Samaritan Law in the United States include: 

* The 1998 Aviation Medical Assistance Act which provides coverage for "Good Samaritans" while in flight.<ref>{{Cite web |date=2014-05-28 |title=Good Samaritan Laws by state |url=https://recreation-law.com/2014/05/28/good-samaritan-laws-by-state/ |access-date=2024-03-23 |website=Recreation Law |language=en}}</ref>
* [[Bill Emerson Good Samaritan Act of 1996|The Good Samaritan Food Donation Act of 1996]] which provides limited liability protection for those who donate food.<ref>{{Cite web |title=Good Samaritan Act Provides Liability Protection For Food Donations {{!}} USDA |url=https://www.usda.gov/media/blog/2020/08/13/good-samaritan-act-provides-liability-protection-food-donations |access-date=2024-03-23 |website=www.usda.gov |language=en}}</ref>