Understanding the Good Samaritan Law in California: Can You Be Sued for Trying to Help?

California wants bystanders to help in real emergencies without freezing over fear of a lawsuit.

This guide explains who is protected by California’s Good Samaritan rules, where the limits are, and how to step in responsibly when seconds matter.

What is the Good Samaritan Law in California?

California’s primary Good Samaritan statute is Health and Safety Code section 1799.102.

In plain terms, if you act in good faith, without compensation, and render emergency medical or nonmedical care at the scene of an emergency, you are generally immune from civil liability for ordinary negligence.

The law does not protect gross negligence or willful or wanton misconduct.

The statute also clarifies that the “scene of an emergency” does not include emergency departments or other places where medical care is usually provided.

Expert insight: California’s policy goal is twofold. It encourages immediate aid from laypeople, while still requiring that aid to be reasonable under the circumstances—the text of section 1799.102 explicitly couples immunity with a responsibility to act prudently.

Key Provisions of the Good Samaritan Law

Immunity for ordinary negligence. You are shielded from civil damages for ordinary mistakes in the course of rendering emergency aid. The protection drops away if your conduct is grossly negligent or intentionally harmful.

AED and specialized aid protections. Separate provisions protect people who use an automated external defibrillator (AED) in good faith during an emergency. California Civil Code section 1714.21 provides immunity to individuals using AEDs, even if untrained, when acting in good faith and not for compensation.

Overdose response protections. California also extends targeted immunities around the use and furnishing of naloxone in overdose emergencies, reducing civil and professional liability risks for those who administer or provide opioid antagonists in good faith.

Pro tip: If an AED or naloxone is available, use it. Follow the device prompts and any posted instructions. California law recognizes these lifesaving interventions and provides tailored protections for the good-faith use of these measures.

Who is Covered Under the Good Samaritan Law?

Laypersons and bystanders. Most commonly, immunity applies to everyday people who jump in to help, provided they act in good faith, without pay, and reasonably under the circumstances.

Professionals acting informally. Licensed professionals are often covered by separate, profession-specific protection schemes when giving emergency instructions or limited emergency assistance outside formal settings. Model jury instructions and related statutes reference protections for physicians, nurses, EMTs, and certain rescue personnel acting in defined contexts.

Not covered: care in medical facilities. The “scene of an emergency” does not include emergency rooms or places where medical care is typically provided. Once the person is in a hospital or clinic, ordinary malpractice frameworks govern.

Pro tip: When you take over from professionals or continue aid inside a hospital, you may be outside the protections of Good Samaritan laws. Defer to staff directions immediately.

When Can You Be Sued Despite the Good Samaritan Protection?

Gross negligence or worse. Immunity does not apply if your conduct is grossly negligent or willful, or wanton. Think of gross negligence as a severe departure from what a reasonable person would do in the same situation.

Van Horn v. Watson and the statute’s evolution. In Van Horn v. Watson, the California Supreme Court limited the original version of section 1799.102 to medical care, which temporarily exposed nonmedical rescuers to liability risk. The Legislature responded by amending section 1799.102 to cover medical or nonmedical care or assistance at emergency scenes, restoring broad protection to rescuers.

Pro tip: Even with immunity, explain your actions briefly to first responders when they arrive. Clear, factual communication helps establish your good-faith efforts.

The Importance of Acting Reasonably and Responsibly in Emergencies

Assess before you act. Ensure the scene is safe for you and the victim. Call 911 first, then provide aid within your knowledge and comfort level.

Use available tools. If an AED is on site, turn it on and follow the prompts. If naloxone is available for a suspected opioid overdose, administer as directed and remain with the person until help arrives.

Stay within your abilities. You do not need to attempt advanced procedures. The law expects reasonable steps, not heroics. Keep the person still if trauma is suspected, unless there is an imminent danger like fire or flood.

Expert insight: Courts and statutes repeatedly tie Good Samaritan protection to the concept of reasonableness. Help promptly, avoid reckless maneuvers, and use common-sense precautions.

Real-Life Examples and Case Studies Involving the Good Samaritan Law in Action

Pulling someone from a wreck. After Van Horn, the statute was clarified to protect nonmedical rescue, such as pulling someone from a car if you reasonably believe there is imminent danger. Your protection still ends if your actions are grossly negligent.

Using an AED in a gym or office. Bystanders who apply an AED in good faith during cardiac arrest are protected by Civil Code § 1714.21. Many public and private spaces maintain AEDs precisely for this reason.

Reversing a suspected overdose. Family, coworkers, or passersby who administer naloxone in good faith can receive civil and professional liability protections. This is meant to remove hesitation in emergencies where minutes are critical.

Pro tip: Document the basics after the event if you can. Note the time, what you observed, what you did, and who you spoke with among first responders. Simple notes can help if questions arise later.

Takeaway: Actionable Steps if You Witness an Emergency

1. Call 911 immediately and describe the scene.
2. Ensure safety for yourself and the victim before intervening.
3. Render reasonable aid within your abilities. Use available tools like AEDs or naloxone when appropriate.
   
4. Avoid grossly risky maneuvers unless there is imminent danger.
5. Cooperate with first responders and provide a brief account of what you did.
6. After traffic collisions, see our related resource to understand how COVID-19 impacted car insurance and accident claims.

Understanding Your Rights and Responsibilities Under the Good Samaritan Law in California

California’s Good Samaritan framework provides broad protection to individuals who step up in emergencies, while maintaining accountability for grossly reckless conduct.

If you act in good faith, without compensation, and with reasonable care at an emergency scene, the law is designed to keep you focused on helping rather than worrying about being sued.

For case-specific questions after an incident, speak with a lawyer who can assess facts against the statute and related protections, including AED and overdose response provisions.