What You Should Know About New Jersey’s Good Samaritan Law
The term “good samaritan” refers to a person who provides aid to another. In accordance with the common law of the United States, there is not a legal duty to provide assistance to any person during an emergency unless a duty of care already existed.
The state of New Jersey, however, is just one of many states that have passed several “good samaritan” laws regarding the level of care that must be provided during an emergency. In accordance with these laws, a person who acts in good faith to render emergency care is immune from civil liability. In many cases, courts have interpreted good faith to constitute anything other than deliberate harm or gross negligence.
When someone who has been injured in an accident receives less than standard care by an emergency worker or good Samaritan, it is almost always a wise idea to quickly obtain the assistance of a skilled accident attorney who can make sure that your case resolves in the best possible manner.
The New Jersey Good Samaritan Emergency Response Act
In accordance with N.J.S.A. 2A:62-A1, also referred to as the New Jersey Good Samaritan statute, people including doctors and paramedics as well as bystanders are able to provide assistance at the scene of an accident without fear of being subject to legal action. This means that emergency workers are often viewed in the eyes of the law as immune to lawsuits if something goes wrong while administering care. Exceptions exist, however, if an accident victim is harmed due to intentional behavior, negligence, or recklessness.
The 911 Good Samaritan Fatal Overdose Prevention Statute
Drug deaths in the United States are one of the most common types of fatalities. In many situations, people who overdose are not provided with adequate help from emergency services. Signed into law in 20013, the Overdose Prevention Act was created to encourage people to contact emergency workers if they believe that someone overdosed on illegal or prescription drugs. As a result, a person who in good faith attempts to obtain medical help after experiencing a drug overdose is immune from being arrested, charged, or prosecuted for using the controlled substance. These laws, however, do not protect people from being arrested for other offenses like selling or trafficking drugs. Instead, this law only offers protection to people who experience overdose from arrest or prosecution due to simple drug or paraphernalia possession.
Obtain the Services of a Knowledgeable New Jersey Accident Lawyer
It is important to remember that while good samaritan laws have helped to protect people who provide emergency service, there are still some exceptions where these protections do not exist. As a result, if you have been harmed due to the negligence of another person in the state of New Jersey, do not hesitate to speak with an experienced attorney today. Schedule an initial free consultation at Ferrara Law for assistance with the obstacles that arise in your accident case.