By Nick Isolani
Louisiana’s Good Samaritan law ensures that citizens who render aid to their fellow citizens in emergency situations are immune from liability. Louisiana Revised Statute 9:2793 provides that “[n]o person who in good faith gratuitously renders emergency care, first aid or rescue at the scene of an emergency… shall be liable for any civil damages” that may result from their actions. For example, the statute provides that if the aid rendered worsens the victim’s condition, then the provider will be immune from civil liability so long as they were in good faith. However, if they acted in a reckless or negligent manner, then this immunity may not apply.
Furthermore, the statute makes no reference to a standard of care that needs to be met- only that the provider is in good faith and the situation is considered an emergency. Thus, should you happen across an emergency situation and attempt to render aid, then you should not fret about any liability that may arise from providing a standard of care that is less than a trained medical professional, so long as you are acting in good faith. While normal citizens may not be subjected to a certain standard of care, if you are a medical professional, then you may be subjected to certain standards and responsibilities. Said standards and responsibilities may be found in a previous blog post on this website.
Thus, to ensure that its citizens do not face civil liability for aid rendered when attempting to help their fellow citizen in an emergency situation, Louisiana’s Good
