What is the Good Samaritan law in Idaho?
Full Question:
A group of college students helped my son when his bike got hit by a bus. These guys took my son to the hospital but it seems that while they were carrying him to their car, one of the guys’ bag fell on my son's head, which made my son's head injury become worse. Can I claim damages against these guys for not handling my son properly at that time? We live in Idaho.
03/31/2017 |
Category: Helping People » Good Samarit... |
State: Idaho |
#34909
Answer:
Here the Good Samaritan law that you can refer to-
Idaho Code § 5-330:
Immunity of persons giving first aid from damage claim
That no action shall lie or be maintained for civil damages in any court of this state against any person or persons, or group of persons, who in good faith, being at, or stopping at the scene of an accident, offers and administers first aid or medical attention to any person or persons injured in such accident unless it can be shown that the person or persons offering or administering first aid, is guilty of gross negligence in the care or treatment of said injured person or persons or has treated them in a grossly negligent manner.The immunity described herein shall cease upon delivery of the injured person to either a generally recognized hospital for treatment of ill or injured persons, or upon assumption of treatment in the office or facility of any person undertaking to treat said injured person or persons, or upon delivery of said injured person or persons into custody of an ambulance attendant.
Idaho Code § 5-331:
Immunity of volunteer ambulance attendant
No action shall lie or be maintained for civil damages in any court of this state against any person or persons, or group of persons, including volunteer ambulance attendants, who offers and administers first aid or emergency medical attention as a part of his volunteer service as an ambulance attendant to any person or persons utilizing the volunteer services and facilities, unless it can be shown that the person or persons offering or administering first aid or emergency medical attention is guilty of gross negligence in the care or treatment offered or administered, or has treated them in a grossly negligent manner. The immunity described herein shall cease upon delivery of the injured or treated person to either a generally recognized hospital for treatment of ill or injured persons, or upon assumption of treatment in the office or facility of any person undertaking to treat said ill or injured person or persons.