What is the Good Samaritan law in North Dakota?

Full question:

I fell while riding my bike. I asked a person who was passing by to drop me at the nearest clinic. This person agreed to help. While I was getting inside his car, his kid (3 years old) threw his toy over me that hit right on my wound. Can sue this person for what his child did to me?

Answer:

Most probably, no this person was just trying to help you. Now his kid being small and unable to understand the seriousness of the situation threw a toy on you. However, this person in good faith tried to act as a Good Samaritan by agreeing to drop you at the hospital. Even you bring a case against this person for the act committed by his minor kid; this person might get protection under the Good Samaritan law of North Dakota. If you could show gross negligence of the person due to which his kid hurt you then a case may be brought against this person

Here the law that you may wanna read for further information:

N.D. Cent. Code, § 32-03.1-02:
Actions barred.
 
No person, or the person's employer, subject to the exceptions in sections 32-03.1-03, 32-03.1-04, and 32-03.1-08, who renders aid or assistance necessary or helpful in the circumstances to other persons who have been injured or are ill as the result of an accident or illness, or any mechanical, external or organic trauma, may be named as a defendant or held liable in any personal injury civil action by any party in this state for acts or omissions arising out of a situation in which emergency aid or assistance is rendered, unless it is plainly alleged in the complaint and later proven that such person's acts or omissions constituted intentional misconduct or gross negligence.
 
N.D. Cent. Code, § 32-03.1-07 :
Costs and fees.
Notwithstanding any other provision in the laws of this state, or any court rules, if a party names a defendant in a suit alleging intentional misconduct or gross negligence, as described in section 32-03.1-01, and the trial judge dismisses the complaint or grants a defendant's motion for judgment on the pleadings, or directs a verdict for a defendant, or grants a defendant's motion for judgment notwithstanding the verdict, or at any point in the proceedings grants a plaintiff's motion to discontinue the action against the defendant, the defendant shall be entitled to full costs and reasonable attorney's fees expended in connection with the defendant's defense of the action. If good reason is shown, the trial judge may suspend the operation of this section.

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.

FAQs

If you fall off your bike, first assess your injuries. If you're hurt, seek medical attention immediately. If you're able, move your bike out of the way of traffic. Document the scene by taking photos and gathering witness information. If someone else was involved, exchange contact and insurance details. It's also wise to report the incident to local authorities, especially if there are injuries or property damage.