The term “good Samaritan” is rooted in a Biblical story about a stranger helping another who met an unfortunate occurrence. This translates to how, in an accident today, “good Samaritans” may come your way to help should you find yourself in a similar situation.
These Good Samaritan Laws speak of how a person is not duly required by law to lend a helping hand to their fellow New Jerseyites. This is the overall premise of said law, in that it protects the “good Samaritans” themselves in the event that they are put in harm’s way while offering aid to another, or dread legal implications for their actions.
If you’re thinking of hiring a New Jersey accident lawyer, get to know what the Good Samaritan Laws in The Garden State are.
Facts About The Good Samaritan Law
When mishaps and accidents transpire, there is a myriad of uncontrollable variables that take place. Among them is what the offered assistance will result in after the dust clears. People simply act based on their human instinct to reach out to anyone who is in distress.
Legal Liability Immunity
That said, there are times when such assistance may not be what the injured party needs. Often, good Samaritans don’t have any medical background and yet are willing to extend their help. Unfortunately, this doesn’t always bode well if, along the way, the situation worsens due to a lack of expertise and experience regarding the matter.
In this case, they are safeguarded by the law that one will be free of any legal liability in any deed relating to the injured, endangered, or accident-victim.
Bystanders Are Not Obligated To Act Upon An Accident
Sometimes, there are a mere number of minutes, even seconds, before medical help arrives and bystanders are left helpless around the area of the accident. They are not obligated to assist the injured. That decision will be based solely on any person himself or herself. But the law does not necessitate that they do so.
At the same time, if the accident or dangerous circumstance is still in progress, one is not bound by legal constraints to prevent said circumstance from happening. Again, that choice will be on you and on you alone, should you decide to act upon it.
NJ Good Samaritan Emergency Response Act
With regards to medical practitioners who happen to be at the sight of the incident, should they offer their aid, are immune from prosecution as well. Especially if they voluntarily provide their services without expecting compensation of any kind.
On the other hand, first responders who reach the said site and are on duty will have to perform their medical duties as is, on-the-job. Otherwise, they will be held liable for negligence, further injury, and/ or failure to maintain standard protocol.
Defense And Rescue; Friends And Family
The aforementioned factors that do not fall under the Good Samaritan Law are in the defence and/ or rescuing of a victim. Or when aiding family members, and/ or friends.
Fatal Overdose Statue Of Prevention
The New Jersey constitution has what’s called an Overdose Prevention Act. This act tells of how New Jerseyites are encouraged to reach out to emergency operations, medical practitioners, and relevant specialists, should they be within the vicinity of a person who has overdosed on narcotics, and/or other harmful drugs. They can do so without fear of legal repercussions.
On the contrary, drug traffickers who call for medical relief of the same will not be protected by this law.