Good Samaritan laws exist to encourage people to help others in emergency situations without the fear of facing a lawsuit. Nevada has codified this protection in its statutes, establishing specific legal standards for when a person who renders aid at the scene of an emergency can be shielded from civil liability. The legal framework is designed to balance the protection of volunteers with the need to ensure a certain standard of care.
Persons Shielded by Nevada’s Good Samaritan Law
Nevada’s primary Good Samaritan law, found in Nevada Revised Statutes (NRS) 41.500, extends its protections broadly to “any person” who renders emergency care or assistance.1Justia. Nevada Revised Statutes § 41.500 (2024) This inclusive language means that an ordinary bystander with no medical training is covered, as are trained medical professionals like physicians and nurses who stop to help.
The consideration for these professionals is that they are covered when acting as volunteers, outside the scope of their paid employment. For instance, an off-duty nurse who provides aid at a car accident is acting as a Good Samaritan. The law’s intent is to protect the voluntary and spontaneous act of rendering aid, regardless of the rescuer’s profession.
Qualifying Actions and Circumstances for Protection
For the protections of Nevada’s Good Samaritan law to apply, several specific conditions must be met. The assistance provided must qualify as “emergency care or assistance” for genuine emergencies where a person is facing an immediate threat of serious injury or death. This applies to urgent scenarios, such as a car crash or a medical collapse in a public place.
A central requirement is that the aid must be rendered “gratuitously,” meaning the person helping cannot expect or receive payment. If there is an expectation of payment, the interaction is considered a professional service outside the scope of this law. The person must also act in “good faith” and “at the scene of an emergency,” which confines the protection to the immediate location of the incident.
Limitations to Immunity
The immunity offered by Nevada’s Good Samaritan law is not absolute. Protection is forfeited if the rescuer’s actions, or failure to act, constitute “gross negligence.” This involves a reckless or willful disregard for the safety of others, such as attempting a procedure that a reasonable person would know is likely to cause severe harm.
Additionally, the law does not protect individuals who have a pre-existing duty to provide care, such as on-duty paramedics. The immunity also does not apply to acts or omissions that occur in a hospital or other medical facility where care is ordinarily offered. This limitation ensures the law is confined to spontaneous, field-level emergencies.
Specific Protections for AED and Opioid Antagonist Use
Nevada law provides specific immunities for the use of automated external defibrillators (AEDs) and opioid antagonists like naloxone. The state’s primary Good Samaritan law was expanded to grant immunity to any person who uses an AED in good faith during an emergency. This protection also extends to the entity that acquired and maintained the device, provided they meet certain requirements.
In addition, Nevada’s Good Samaritan Drug Overdose Act grants immunity to individuals who, in good faith, administer an opioid antagonist to someone they believe is experiencing an overdose.2Nevada State Legislature. NRS: Chapter 453C – Good Samaritan Drug Overdose Act