Good Samaritan laws exist in every state and the District of Columbia, but the Good Samaritan law by state varies in meaningful ways: what kinds of emergencies trigger protection, whether off-duty medical professionals are judged by a higher standard, whether you have any duty to help in the first place, and whether calling 911 during a drug overdose shields you from criminal charges. The shared baseline is immunity from civil lawsuits for ordinary negligence when you voluntarily help during an emergency. Almost everything else depends on where you are.
The Baseline Every State Shares
The core protection in every state is immunity from civil liability for ordinary negligence. If you make an honest mistake while trying to help someone in an emergency, the person you helped generally cannot successfully sue you. Cracking a rib while performing CPR on someone in cardiac arrest is the textbook example: a reasonable error under stressful circumstances, and the law protects you.
What no state’s law protects is gross negligence or willful misconduct. Gross negligence involves a conscious disregard for the safety of the person you’re helping. The difference between ordinary and gross negligence comes down to awareness: an honest mistake versus knowing your actions create a serious risk and acting anyway. Attempting a surgical procedure in a parking lot with no medical training crosses that line in every state.
Three other requirements are universal. You must be acting voluntarily. You must be acting in good faith. And you cannot expect payment. The moment compensation enters the picture, you’re a service provider under standard liability rules, not a Good Samaritan.
Consent also works the same way across states. If the person is conscious and refuses help, continuing can strip your protection. If the person is unconscious or otherwise unable to communicate, implied consent lets you act, because a reasonable person in that condition would want aid.
Where State Laws Diverge
Three variables matter most when comparing one state’s law to another.
Scope of covered emergencies. Some states write their laws broadly to cover any emergency assistance, including pulling someone from a burning car or a flooded building. Others limit protection to the rendering of emergency medical care specifically. In a narrowly written state, a non-medical rescue action might fall outside the shield entirely.
Standard of care for off-duty medical professionals. A doctor or nurse who stops at a roadside accident is still acting voluntarily, and most state laws protect them. But some states hold trained professionals to a higher standard consistent with their training. An off-duty paramedic in those states might be expected to recognize a spinal injury that a layperson would miss. The immunity from ordinary negligence still applies; what counts as “ordinary” for a trained professional is simply different from what counts for someone with no medical background. Other states apply the same “reasonably prudent person” standard to everyone.
Other procedural details. State statutes also differ on whether the rescuer must stay until professional help arrives and how the law treats situations where the rescuer worsens the victim’s condition. These are the kinds of details worth checking in your own state before an emergency forces you to learn them.
States That Require You To Help
The United States follows the common-law tradition of no general duty to rescue. In most of the country, you can walk past someone in distress without legal consequence. Roughly ten states break from this rule by imposing some form of duty to assist or report an emergency.
The required action is typically minimal. In most of these states, calling 911 satisfies the obligation. A few require “reasonable assistance,” which can still mean nothing more than summoning professional help. Penalties are correspondingly minor. Fines generally range from $100 to $1,000, and the offense is typically a petty misdemeanor or low-level misdemeanor. One state caps the fine at just $100 for a willful refusal to help someone exposed to grave physical harm. Prosecutions are rare.
A different set of states takes a more targeted approach, requiring bystanders to report specific violent crimes rather than imposing a general duty at any emergency. These reporting rules often focus on sexual assault, serious bodily harm, or crimes against children. Mandatory reporting laws for professionals who work with children, such as teachers, doctors, and social workers, are a separate category that exists in every state.
Overdose Good Samaritan Laws
A newer and rapidly expanding category provides criminal immunity, not just civil protection, to people who call 911 during a drug overdose. As of 2024, 48 states and the District of Columbia have enacted some version of this protection. Only two states lack such a law entirely.
These statutes work differently from traditional Good Samaritan laws. Instead of shielding you from a lawsuit, they protect you from arrest, prosecution, or conviction on drug-related charges. The most common protection covers possession of controlled substances. About 39 states also extend immunity to drug paraphernalia charges. Roughly half the states with these laws explicitly protect against arrest, not just prosecution.
Most of these laws protect both the person who calls for help and the person experiencing the overdose. A handful of states limit protection to the caller only. Some states attach conditions: a few require you to be the first person to call 911 or to reasonably believe you are, and one state requires the caller to administer naloxone to qualify. The protection has clear limits in every state that offers it. It does not cover drug sales, large-quantity trafficking offenses, or outstanding warrants.
Federal Protections That Apply Regardless of Your State
Three federal statutes override state-by-state variation in specific situations, so the state you’re in matters less when any of these apply.
Under the Public Health Service Act, any person who uses or attempts to use an automated external defibrillator on someone experiencing a perceived medical emergency is immune from civil liability for any resulting harm. The protection applies regardless of training, device registration, or whether you followed posted instructions. It disappears for willful misconduct, gross negligence, reckless behavior, or conscious indifference, and it doesn’t cover licensed health professionals using the device within their professional scope or hospitals where AED use is routine care.1Office of the Law Revision Counsel. 42 U.S. Code 238q – Liability Regarding Emergency Use of Automated External Defibrillators
The Aviation Medical Assistance Act handles medical emergencies in flight, where which state’s law applies would otherwise be a hard question. If you help a passenger experiencing a medical emergency during a flight, you cannot be held liable for damages in any federal or state court unless you acted with gross negligence or willful misconduct. This covers passengers, flight attendants, and pilots.2Office of the Law Revision Counsel. 49 U.S. Code 44701 – General Requirements
The Volunteer Protection Act shields people volunteering on behalf of a nonprofit organization or government entity from personal liability for harm caused within the scope of their responsibilities, with the usual exceptions for willful misconduct, gross negligence, reckless behavior, and conscious indifference. One notable carve-out: the protection does not apply when the volunteer is operating a motor vehicle, vessel, or aircraft that requires a license or insurance. The Act defines “volunteer” as someone receiving no more than $500 per year beyond reimbursement for actual expenses.3Office of the Law Revision Counsel. Chapter 139 – Volunteer Protection
How To Lose Protection in Any State
Good Samaritan immunity is not a blanket shield. The same categories of conduct strip it away regardless of which state’s law applies.
- Gross negligence or reckless behavior. Attempting to reset a broken bone with no training is the kind of choice that voids protection.
- Expecting compensation. Sending a bill after rendering aid converts you from volunteer to service provider, and the immunity evaporates. The expectation can be informal or implied.
- Causing the emergency. If your actions created the dangerous situation, you generally cannot claim protection for helping afterward. A driver who causes a collision and then provides first aid is still liable for causing the accident.
- Having a pre-existing duty to act. Good Samaritan laws are built for volunteers. On-duty paramedics, lifeguards during working hours, and doctors treating existing patients are governed by professional liability rules instead.
- Exceeding your skill level. Performing CPR is one thing; attempting a tracheotomy with a pocket knife is another. The further you stray from basic first aid, the harder it becomes to argue you acted as a reasonably prudent person.
- Refusing to yield to professionals. Once paramedics, police, or other trained responders arrive, continuing to provide care can take you outside the scope of protection.
None of these exceptions require perfect execution. The whole framework exists because emergencies are chaotic. The law draws its line at recklessness, self-interest, and overreach, not at imperfect effort.