Good Samaritan Laws in New Jersey: What You Need to Know
When accidents occur, sometimes the help of a Good Samaritan can end up saving the day. Good Samaritan laws protect a person who provides aid to another. The law has taken the stance that Good Samaritans should generally be protected when they are trying to help another. The purpose of Good Samaritan laws in the United States is to protect individuals who provide help to people in emergencies, though it is important to note that there is not a legal duty to provide assistance to someone during an emergency.
Active Good Samaritan Laws in New Jersey
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 granted immunity from prosecution in civil liability. These laws state that a person who acts in good faith to render emergency care is immune from facing legal liability in a civil court of law as the result of an act or omission in providing care.
Courts in New Jersey have routinely held that good faith is anything that is not deliberate harm or gross negligence. Unfortunately, each year, a number of people are harmed as a result of substandard care from Good Samaritans in emergency situations.
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.
Experts on Good Samaritan Laws in New Jersey
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.