Full question:
My husband complained of chest pain so we took him to the hospital. While I was driving our car broke down and we had to take help of a man who agreed to drop us in the hospital. I asked this guy to help me hold my husband and make him sit in his car. This guy didn’t hold my husband properly and my husband fell on the road and became unconscious. Can I bring an action against this guy for damages?
- Category: Helping People
- Subcategory: Good Samaritan Laws
- Date:
- State: Georgia
Answer:
You likely cannot sue this man. He was acting as a Good Samaritan, trying to help you and your husband reach the hospital during an emergency. Since your husband fell while this person was assisting him, it doesn't appear to be an intentional act or gross negligence on his part.
In Georgia, the Good Samaritan law provides protection to individuals who offer help in emergency situations. This means that if someone is injured while a Good Samaritan is trying to help, the Good Samaritan is generally not liable for those injuries. Therefore, any injuries your husband sustained from falling while being assisted by this man may not be sufficient grounds for legal action.
The relevant law is O.C.G.A. § 51-1-29, which states that individuals who provide emergency care in good faith are not liable for civil damages resulting from their actions.
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.