Understanding Washington State’s Good Samaritan Law

You never know when you might find yourself as a bystander in an emergency where someone needs help. If that happens, you might want to help, but you may also worry: “What if I accidentally do the wrong thing and make the person’s injuries worse?” This is the exact scenario that Washington State’s Good Samaritan law addresses by offering certain legal protections.

In this blog post, we’ll provide an overview of what the law has to say, who it protects, the kinds of emergencies it covers, and more. While we can’t predict how the law may apply to every real-life scenario, this information can give you a practical starting point.

What is the Good Samaritan Law in Washington?

Washington’s Good Samaritan law, RCW 4.24.300, is intended to encourage people to provide emergency medical aid without worrying that they’ll automatically be held responsible if something goes wrong. The name “Good Samaritan” comes from the biblical story in which a stranger stops to help an injured person when others have passed him by.

Here are a few things you should know about the law:

• It generally protects people who, without expecting compensation, provide emergency care or transport an injured person for emergency medical treatment.
• It can apply to ordinary bystanders as well as volunteer emergency or medical service providers.
• A person who is providing emergency care as part of their regular paid employment generally isn’t covered by this particular protection.
• The law doesn’t protect conduct that amounts to gross negligence or willful or wanton misconduct.
• Certain licensed health care providers may have additional protection when they provide health care services without compensation in qualifying community health care settings.

Think of the law this way: it removes one key hesitation you might have about stepping in and helping an injured person.

Who Does Washington State’s Good Samaritan Law Protect?

It’s important to understand that the Good Samaritan law isn’t a blanket protection for everyone who provides assistance at the scene of an emergency.

In general, RCW 4.24.300 protects people who provide emergency medical care or transportation without compensation. That can include the average person without any medical background or training. It can also include someone with medical or emergency response training who is acting in a volunteer role.

However, the law has some specific rules about who is covered. For example, someone providing emergency care as part of their regular paid employment isn’t protected under the main provision of the law. There are also separate protections for certain licensed health care providers who provide uncompensated care in qualifying community health care settings.

And remember, not every act of assistance means the Good Samaritan law will automatically apply. The circumstances matter.

What Counts as an “Emergency?”

The Good Samaritan law applies when there is a true emergency. Washington State law defines “emergency care” as care, first aid, treatment, or assistance provided to someone who needs immediate medical attention. It also defines the “scene of an emergency” as the scene of an accident or another sudden or unexpected event that calls for immediate action (RCW 4.24.310).

Usually, think of a sudden or unexpected situation where someone needs immediate medical attention. This is an important distinction because the law isn’t intended to cover routine or ongoing medical care.

To illustrate, consider the following examples.

Likely an emergency:

• A pedestrian is unable to get up after being struck by a vehicle.
• Someone collapses and needs CPR.
• A construction worker falls from a roof.

Probably not an emergency:

• Someone needs a ride to their primary care physician.
• A coworker asks for medical advice about a rash on their arm.
• Someone needs ongoing or routine care rather than immediate help after an unexpected event.

The important thing to remember is that the law provides protection in specific emergency situations. Whether a situation qualifies can depend on the circumstances.

Does Washington’s Good Samaritan Law Mean You Can’t Be Sued?

While Washington’s Good Samaritan law does provide immunity from civil damages when its requirements are met, it isn’t a blanket guarantee against liability. In other words, depending on the circumstances and the role you played, you could still face a claim.

The key exception is if your actions amount to gross negligence or willful or wanton misconduct. In simple terms, this goes beyond making an ordinary mistake while trying to help. The law doesn’t protect conduct that crosses that line.

If you’re trying to help someone in an emergency and using your best judgment, you shouldn’t let the fear of making a mistake automatically stop you from helping.

Situations When the Good Samaritan Law Could Come Into Play

To illustrate how the law could work in practice, let’s go over a few hypothetical scenarios.

Helping at the Scene of a Car Accident

You come across a car accident and decide to help an injured person, even though you’re not a doctor. You might call 911, provide basic first aid, or perform CPR. Maybe you even help move the person out of the road so they aren’t struck by another vehicle.

This is the kind of emergency situation the law is designed to address. If you provide emergency care without compensation, the law may protect you from civil liability, as long as your actions don’t amount to gross negligence or willful or wanton misconduct.

Performing CPR or First Aid

You’re in a public place when someone suddenly collapses. You’ve been trained in CPR, so even though you’re nervous, you step in to help until paramedics arrive.

This is the type of emergency the Good Samaritan law is intended to cover. If you make an ordinary mistake while trying to help, the law may protect you from civil liability.

Things to Keep in Mind if You See Someone Who Needs Help

When you see someone who is clearly experiencing an emergency, here are some things to keep in mind:

1. Call 911 when there’s an emergency. Getting professional help on the way should usually be the first priority. Then, if you can safely do so, you can provide assistance while you wait.
2. Don’t put yourself in danger. Helping someone else shouldn’t mean putting yourself or others in a dangerous situation.
3. Use the skills you have. If you know CPR or first aid, you may be able to provide valuable help while waiting for first responders to arrive.
4. Follow instructions from emergency dispatchers and responders. When you call 911, a dispatcher may be able to give you practical, step-by-step instructions to follow while you’re waiting for help.
5. Remember that Good Samaritan protections have limits. The law provides important protections, but not every action taken during an emergency will necessarily be protected.

Get a Free Case Evaluation

The lawyers at Ladenburg Law Injury Attorneys always offer free, no-obligation case evaluations. If you’re ever in a situation where you need to speak with a trusted personal injury lawyer, please reach out.