Is a person liable for the civil damages caused to an accident victim while rescuing him?
Full Question:
My friends and I helped someone, who met with a severe accident at a NJ state highway, to reach a nearby hospital. We carried him over in my car. In the meantime, he lost his watch, mobile phone, and some other valuables. Am I liable for these?
03/30/2017 |
Category: Helping People ยป Good Samarit... |
State: New Jersey |
#34848
Answer:
The following persons, in good faith, render emergency care at the scene of an accident or emergency to the victim thereof, or while transporting the victim thereof to a hospital or other facility where treatment or care is to be rendered, is not liable for any civil damages as a result of any acts or omissions by such person in rendering the emergency care.
- an individual.
- a person licensed to practice any method of treatment of human ailments, disease, pain, injury, deformity, mental or physical condition, or a person licensed to render services ancillary thereto,
- a person who is a volunteer member of a duly incorporated first aid and emergency.
- a volunteer ambulance or rescue squad association.
- a municipal, county, or State law enforcement officer.
- a municipal, county or State firefighter.
- certain health care professionals in certain situations.
You can have a look at the relevant law in this regard below:
N.J. Stat. § 2A:62A-1.
Civil immunity for emergency care
Any individual, including a person licensed to practice any method of treatment of human ailments, disease, pain, injury, deformity, mental or physical condition, or licensed to render services ancillary thereto, or any person who is a volunteer member of a duly incorporated first aid and emergency or volunteer ambulance or rescue squad association, who in good faith renders emergency care at the scene of an accident or emergency to the victim or victims thereof, or while transporting the victim or victims thereof to a hospital or other facility where treatment or care is to be rendered, shall not be liable for any civil damages as a result of any acts or omissions by such person in rendering the emergency care.
N.J. Stat. § 2A:62A-1.1.
Immunity from civil damages for certain law enforcement officers at accident scenes
A municipal, county or State law enforcement officer is not liable for any civil damages as a result of any acts or omissions undertaken in good faith in rendering care at the scene of an accident or emergency to any victim thereof, or in transporting any such victim to a hospital or other facility where treatment or care is to be rendered; provided, however, that nothing in this section shall exonerate a law enforcement officer for gross negligence.
N.J. Stat. § 2A:62A-1.2.
Immunity from civil damages for firefighters at accident scenes
A municipal, county or State firefighter, whether volunteer or paid, shall not be liable for any civil damages as a result of any acts or omissions undertaken in good faith in rendering care at the scene of an accident or emergency to any victim thereof, or in transporting any such victim to a hospital or other facility where treatment or care is to be rendered; provided, however, that nothing in this section shall exonerate a firefighter for gross negligence.
N.J. Stat. § 2A:62A-1.3.
Immunity from civil liability for certain health care professionals, certain situations
a. If an individual's actual health care facility duty, including on-call duty, does not require a response to a patient emergency situation, a health care professional who, in good faith, responds to a life-threatening emergency or responds to a request for emergency assistance in a life-threatening emergency within a hospital or other health care facility, is not liable for civil damages as a result of an act or omission in the rendering of emergency care. The immunity granted pursuant to this section shall not apply to acts or omissions constituting gross negligence, recklessness, or willful misconduct.
b. The provisions of subsection a. of this section shall not apply to a health care professional if a provider-patient relationship existed before the emergency, or if consideration in any form is provided to the health care professional for the service rendered.
c. The provisions of subsection a. of this section do not diminish a general hospital's responsibility to comply with all Department of Health licensure requirements concerning medical staff availability at the hospital.
d. A health care professional shall not be liable for civil damages for injury or death caused in an emergency situation occurring in the health care professional's private practice or in a health care facility on account of a failure to inform a patient of the possible consequences of a medical procedure when the failure to inform is caused by any of the following:
(1) the patient was unconscious;
(2) the medical procedure was undertaken without the consent of the patient because the health care professional reasonably believed that the medical procedure should be undertaken immediately and that there was insufficient time to fully inform the patient; or
(3) the medical procedure was performed on a person legally incapable of giving informed consent, and the health care professional reasonably believed that the medical procedure should be undertaken immediately and that there was insufficient time to obtain the informed consent of the person authorized to give such consent for the patient.
The provisions of this subsection shall apply only to actions for damages for an injury or death arising as a result of a health care professional's failure to inform, and not to actions for damages arising as a result of a health care professional's negligence in rendering or failing to render treatment.
e. As used in this section:
(1) "Health care professional" means a physician, dentist, nurse, or other health care professional whose professional practice is regulated pursuant to Title 45 of the Revised Statutes and an emergency medical technician or mobile intensive care paramedic certified by the Commissioner of Health pursuant to Title 26 of the Revised Statutes; and
(2) "Health care facility" means a health care facility licensed by the Department of Health pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) and a psychiatric hospital operated by the Department of Human Services and listed in R.S.30:1-7.