Good Samaritan laws exist to protect individuals who voluntarily help others in emergency situations. In Colorado, a specific statute provides this legal shield, encouraging bystanders to assist without fear of facing a lawsuit for their actions. This law outlines who is protected, the conditions they must meet, and the situations where this immunity applies.
Core Principles of Colorado’s Good Samaritan Law
The primary goal of Colorado’s Good Samaritan law is to encourage people to provide aid in emergencies by offering immunity from civil liability. This means a person who helps cannot be sued for unintentional mistakes. The foundation of this protection is in Colorado Revised Statutes section 13-21-108, which addresses the hesitation a bystander might feel about helping.1Colorado General Assembly. C.R.S. 13-21-108 – Persons rendering emergency assistance exempt from civil liability
This law establishes a public policy that values voluntary assistance during accidents and medical crises. By removing the threat of being sued for “ordinary negligence”—careless but not reckless behavior—the law aims to increase the chances that an injured person will receive immediate help.
Individuals Covered by the Good Samaritan Law
Colorado’s law extends its protection to a broad range of individuals. The statute explicitly states that “any person” who renders emergency care in good faith is covered. This includes ordinary citizens with no medical training who decide to help at the scene of an accident.
The law also provides specific protections for licensed medical professionals, such as physicians and surgeons, when they act outside their normal duties. This applies if they voluntarily offer aid at an emergency scene without receiving compensation. The statute further extends this immunity to volunteer members of rescue units and ski patrols, even if they receive non-monetary benefits. An employer is also protected from liability if their employee provides emergency assistance while on the job, as long as the employee meets the law’s requirements.
Requirements for Legal Protection
To receive immunity under Colorado’s Good Samaritan law, several conditions must be met. The assistance must be provided in “good faith,” which means the person helping must have honest intentions and a sincere desire to aid the injured individual.
The aid must be rendered during an “emergency or accident” and at the physical location where the event occurred. This could include the scene of a car crash or a public place where someone suddenly collapses. Another requirement is that the person providing help cannot receive or expect to receive compensation for their actions.
Situations Where Protection Does Not Apply
The immunity granted by the Good Samaritan law is not absolute. A person can still be held liable if their actions amount to “gross negligence” or “willful and wanton misconduct.” Gross negligence is a more severe level of carelessness, defined as an intentional failure to act with a reckless disregard for the consequences, such as moving a victim in a way that is obviously dangerous.
Protection is also unavailable if the person offering aid caused the initial emergency, as the law is intended to protect bystanders. Individuals who have a pre-existing duty to respond, such as on-duty paramedics, are not covered by this specific statute but by different legal standards related to their profession.
Immunity for Administering Overdose Reversal Medication
Colorado law provides specific protections for individuals who administer an opioid antagonist, such as naloxone, to someone they believe is experiencing an overdose. Colorado Revised Statutes section 18-1-712 grants immunity from criminal prosecution to any person who, in good faith, administers naloxone to someone they think is overdosing.2Colorado General Assembly. C.R.S. 18-1-712 – Immunity for a person who administers an opiate antagonist during an opiate-related drug overdose event
This protection extends to laypersons, including friends, family members, or bystanders. A separate statute, section 13-21-108.7, also provides civil immunity from lawsuits related to administering the medication.3Colorado General Assembly. C.R.S. 13-21-108.7 – Persons rendering emergency assistance through the administration of an opiate antagonist This protection applies even if the naloxone used has expired.