Good Samaritan Law in California – A Quick Legal Breakdown

California Good Samaritan law (GSL) protects you from civil liability when

1. you act in good faith,
2. not seeking compensation,
3. to render emergency medical or non-medical care at the scene of an emergency.

Plus if you seek emergency help for someone’s drug-related overdose, you will not face criminal charges for drug possession.

The law is codified in Health & Safety Code 1799.102, which reads:

(a) No person who in good faith, and not for compensation, renders emergency medical or nonmedical care at the scene of an emergency shall be liable for any civil damages resulting from any act or omission. The scene of an emergency shall not include emergency departments and other places where medical care is usually offered. This subdivision applies only to the medical, law enforcement, and emergency personnel specified in this chapter.

Examples of good Samaritan related acts include:

• seeing a car crash into a tree while walking home from work and helping the injured driver out of the car
• providing “light” medical care to a person after watching him fall off a stadium seat at a softball game
• dragging a drowning swimmer out of a lake and performing CPR

Please note that civil damages under this law include both:

• compensatory damages, and
• punitive damages.

The protection against civil liability extended under the GSL does not include instances of gross negligence and willful or wanton misconduct.

Please note that HSC 1799.102 originally only applied to “medical care,” but with the passage of Assembly Bill 83 in 2009, it now applies to “nonmedical care” as well.

Also note that the GSL is silent on criminal liability, which means a “good Samaritan” could technically face criminal charges for committing a crime in the provision of emergency care. Charges could include:

• an infraction,
• a misdemeanor, or
• a felony (depending on the crime committed).

By contrast, criminal immunity for possession of drugs or using drugs may be extended to you if you seek medical help for another person experiencing a drug-related overdose.

Our California criminal defense attorneys will explain the following in this article:

• 1. What is California’s good Samaritan law?
• 2. What damages can I get if I was injured?
• 3. What if the good Samaritan acted with gross negligence or willful misconduct?
• 4. How did Assembly Bill 83 change the law?
• 5. Can good Samaritans face criminal liability?
• 6. Can I get in trouble for reporting a drug overdose?

1. What is California’s good Samaritan law?

Under HSC 1799.102, the GSL states that you cannot be liable for any civil damages that result from you providing emergency care, if:

1. you acted in good faith, and not for compensation,
2. you provided either emergency medical care or nonmedical care, and
3. the care was provided at the scene of an emergency.¹

Note that “the scene of an emergency” does not include emergency departments and other places where medical care is usually provided.²

The GSL is designed to protect “good Samaritans” that help at the scene of an accident or emergency, but perhaps are not as qualified in giving care as trained medical personnel. The law also encourages people and bystanders to volunteer in emergency situations, even without compensation.³

2. What damages can I get if I was injured?

If you successfully bring a personal injury lawsuit, you may recover civil damages. Civil damages, in the context of a civil lawsuit, refer to the damages (or lump of money) you may recover for any injuries incurred.

These damages include both:

• compensatory damages, and
• punitive damages.

In California, compensatory damages for an accident or injury fall into two basic categories:

• “economic” damages, such as medical bills, property damage and lost wages, and
• “non-economic” damages, such as pain and suffering.

California Civil Code § 3294 permits you to be awarded “punitive” damages in a personal injury case.

Unlike compensatory damages, punitive damages are based not on your losses, but on:

• the reprehensibility of the defendant’s conduct, and
• the defendant’s ability to pay.

They are granted to punish a defendant in cases of intentional harm or extreme recklessness.

When granted, punitive damages are in addition to amounts awarded as compensatory damages.

3. What if the good Samaritan acted with gross negligence or willful misconduct?

The protection extended under the GSL does not include instances of gross negligence or willful or wanton misconduct.

HSC 1799.102(b)(2) specifically states that protection from civil liability does not apply when damages result from:

“an act or omission constituting gross negligence or willful or wanton misconduct.”⁴

“Gross negligence” is the duty of care owed in some California personal injury cases. Gross negligence is greater than ordinary negligence in California but not as serious as recklessness.

California courts generally define “gross negligence” as:

• a lack of any care, or
• an extreme departure from what a reasonably careful person would do in the same situation to prevent harm to oneself or to others.⁵

In contrast, willful or wanton misconduct is an aggravated form of negligence. It refers to conduct that is committed with:

• intentional or reckless disregard for the safety of others, or
• an intentional disregard of a duty necessary to the safety of another’s property.⁶

4. How did Assembly Bill 83 change the law?

Prior to Assembly Bill 83, the GSL only protected you from civil liability if you rendered “medical care” at the scene of an emergency. AB 83, passed into law in 2009, changed this by protecting both “medical and nonmedical care.”

The bill came after an actual good Samaritan case, in which a witness of a car accident pulled a person from a car that was likely to catch on fire. The person pulled from the auto sustained injuries and later sued the “good Samaritan.”

In the suit, the court ruled in favor of the plaintiff because the law did not include “nonmedical care.” Given the sense of unfairness within this outcome – that good Samaritans could be liable for helping accident victims – the GSL law was amended to its current form.

5. Can good Samaritans face criminal liability?

Good Samaritan California law is silent on criminal liability. This means that you could technically face criminal charges if you commit a crime in the commission of emergency care.

Consider, for example, you rescue a driver from a car accident. In the course of the rescue, you injure the driver’s leg while dragging him from the car. You stabilize the driver with first aid and call 9-1-1. You then take the driver’s wallet and run off.

Under Health and Safety Code 1799.102, the driver / injured victim could not sue you for his leg injuries. However, authorities could still arrest you for theft.

6. Can I get in trouble for reporting a drug overdose?

Under California Health and Safety Code 11376.5, you will not be charged with drug possession or use crimes if you:

1. act in good faith, and
2. seek medical assistance/ emergency medical services for another person experiencing a drug-related overdose.⁷

This law was designed to encourage a witness of a drug-related overdose to:

• call 9-1-1, or
• seek emergency help in a timely manner to save the life of the overdose victim.

According to the California Department of Public Health, about 15,725 Californians died from drug overdoses between 2008 to 2012. By comparison, about 14,860 Californians died in traffic incidents during that same period.

Note that HSC 11376.5 does not protect you from the following crimes:

• selling drugs, per HSC 11352, or
• driving under the influence of drugs, per VC 23152.

Also see our personal injury attorney website.

In Nevada? See our article about Nevada Good Samaritan Laws.

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