Can a person sue me for the delay while helping her in an emergency?

Full question:

My neighbor fall down from her balcony and suffered some injuries. I took her to the hospital in my van. In between, my van breakdown and I had to take another taxi to reach the hospital. The doctor told that it was very late we reached the hospital. Can she sue me for the delay?

• Category: Helping People
• Subcategory: Good Samaritan Laws
• Date: 04/07/2025
• State: New Mexico

Answer:

No, she cannot sue you for the delay caused while rescuing her. You are not liable for the damages caused to her while providing the assistance to rescue her in an emergency and in good faith.

You can have a look at the relevant law in this regard below:

N.M. Stat. Ann. § 24-10-3.  
Persons coming to aid or rescue of another rendering emergency care; release from liability.

No person who comes to the aid or rescue of another person by providing care or assistance in good faith at or near the scene of an emergency, as defined in Section 24-10-4 NMSA 1978, shall be held liable for any civil damages as a result of any action or omission by that person in providing that care or assistance, except when liable for an act of gross negligence; but nothing in this section applies to the provision of emergency care or assistance when it is rendered for remuneration or with the expectation of remuneration or is rendered by a person or agent of a principal who was at the scene of the accident or emergency because he or his principal was soliciting business or performing or seeking to perform some services for remuneration.

N.M. Stat. Ann. § 24-10-4.  
Emergency defined.
As used in Sections 24-10-3 and 24-10-4 NMSA 1978, "emergency" means an unexpected occurrence of injury or illness occurring in public or private places to a person that results from:
     A. motor vehicle accidents and collisions;
     B. acts of God; and
     C. other accidents and events of similar nature.