Full question:
I saw my neighbor’s son lying on the road after falling from his bike. He had hit his head and had sustained injuries on his head and other parts of the body. I am not in good terms with this neighbor. Nevertheless, in that situation I took their son to the hospital called my neighbor and left the place. Now my neighbor is threatening me saying that I caused this accident and silently left their son in the hospital. What defense can I claim in this situation?
- Category: Helping People
- Subcategory: Good Samaritan Laws
- Date:
- State: Arkansas
Answer:
You could probably claim protection under the Good Samaritan law of Arkansas. You helped your neighbor’s when he had met with an accident was lying on the road. You can take the defense that you took their son to the hospital son as you felt that there was an immediate threat to their son’s life, health and safety. Thus, you took the son to the hospital in good faith and with an intention to help him.More information on this law is given below
A.C.A. § 17-95-101:
"Good Samaritan" law.
(a) Any health care professional under the laws of the State of Arkansas who in good faith lends emergency care or assistance without compensation at the place of an emergency or accident shall not be liable for any civil damages for acts or omissions performed in good faith so long as any act or omission resulting from the rendering of emergency assistance or services was not grossly negligent or willful misconduct.
(b) Any person who is not a health care professional who is present at an emergency or accident scene and who:
(1) Believes that the life, health, and safety of an injured person or a person who is under imminent threat of danger could be aided by reasonable and accessible emergency procedures under the circumstances existing at the scene thereof; and
(2) Proceeds to lend emergency assistance or service in a manner calculated in good faith to lessen or remove the immediate threat to the life, health, or safety of such a person,
shall not be held liable in civil damages in any action in this state for any act or omission resulting from the rendering of emergency assistance or services unless the act or omission was not in good faith and was the result of gross negligence or willful misconduct.
(c) No health care professional who in good faith and without compensation renders voluntary emergency assistance to a participant in a school athletic event or contest at the site thereof or during transportation to a health care facility for an injury suffered in the course of the event or contest shall be liable for any civil damages as a result of any acts or omissions by that health care professional in rendering the emergency care. The immunity granted by this subsection shall not apply in the event of an act or omission constituting gross negligence.
(d) For the purposes of this section, "health care professional" means a licensed physician, chiropractic physician, dentist, optometric physician, podiatric physician, and any other licensed health care professional.
A.C.A. § 17-30-106 :
"Good Samaritan" law.
A professional engineer who voluntarily, without compensation other than expense reimbursement, provides architectural, structural, electrical, mechanical, or other design professional services related to a declared national, state, or local emergency caused by an earthquake, hurricane, tornado, fire, explosion, collapse, or other similar disaster or catastrophic event shall be subject to the provisions and protection of § 17-15-106.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
