A Good Samaritan is one who voluntarily assists another person who is in need. Many people have a natural tendency to help strangers, especially in times of emergency. Even so, the legal ramifications of exacerbating the situation prevent most individuals from being Good Samaritans to those in need.
Good Samaritan laws are legal rules that provide judicial protection to persons who provide appropriate aid to others who are hurt, unwell, in danger, or otherwise disabled, or who they simply think are wounded, ill, in peril, or otherwise incapable. Bystanders are hesitant to help because they are afraid of being sued or penalized for accidental injury or wrongful death. The Good Samaritan concept has evolved over time to encompass first responders and rescuers who help in the wake of an emergency.
The Good Samaritan Principle
The Good Samaritan principle, which originated in common law regimes, is a constitutional doctrine that shields a responsive savior who willingly assists a sufferer in trouble from being prosecuted under criminal charges. As far as the rescuer acts logically, in good conscience, and in line with their training, the responders will not be held legally accountable for any injury caused to the person helped. The goal is to prevent individuals from being hesitant to help strangers in need out of fear of legal ramifications if they make a treatment error.
The Good Samaritan concept can be applied to any situation, although it is especially relevant in the sports and events setting, where tens of thousands of athletes and viewers travel and meet to enjoy a variety of energetic and often risky pursuits. The key components of Good Samaritan laws are:
- Obtain permission from the person needing help when possible.
- The rescuer must not be the person who created the situation.
- Care must be exercised in a prudent and non-rash manner.
- Help to be administered in an emergency, if trained personnel is absent.
Common Features of the Good Samaritan Law
As precise provisions are created and executed to meet specific jurisdictions and allow for historic and cultural norms, Good Samaritan laws inherently differ. Nonetheless, it is beneficial to explore what common aspects emerge in similar laws in other places. The UAE has also taken these aspects into account when establishing its law for Good Samaritans. The following are some of the common characteristics:
Imminent Peril – Good Samaritan clauses are meant for specific situations, not for simple mishaps. This is known as “imminent peril” in certain countries. In the absence of a life-threatening situation, a rescuer’s acts may be seen as rash and unworthy of protection.
Obligation to Remain – If a responder commences first aid, he/she must not leave the premises until it is safe to do so, or a responder of similar or greater competence takes over, or it is unsafe to continue giving help.
No Intended Reward or Compensation – Only the first intervention performed without the expectation of monetary compensation is authorized. When administering first aid as part of their job, medical practitioners are usually not covered by Good Samaritan legislation.
Consent – Unless that’s impossible, the caregiver must get the patient’s agreement or the consent of the patient’s legal guardian if the patient is a juvenile. If an unsupervised patient is delusional, delirious, under the influence of drugs or other toxic chemicals, or otherwise unable to make judgments about his or her own safety, or if the rescuer has a fair perception that this is the case, consent may be assumed.
Duty to Assist – No one is compelled to aid a victim in most jurisdictions with such a regulation unless a caregiver relationship (such as a parent-child or doctor-patient relationship) exists prior to the occurrence of illness or injury, or unless the Good Samaritan is accountable for the occurrence of illness or injury.
The Good Samaritan Law in the UAE
Countries enact Good Samaritan laws to increase survival rates and promote the general public to help in possibly serious situations. Under the new UAE law, Good Samaritans or those who assist others in extreme situations will not face legal action. The UAE government introduced sweeping legal changes in what is widely regarded as one of the most significant revamps of the UAE judicial process.
In November 2020 the United Arab Emirates became the first Arab country to pass this law, allowing rescuers to provide medical assistance during emergency situations without fear of legal repercussions. According to the amended law, “anyone who commits an act with noble intentions that may potentially hurt that individual will not be prosecuted.” The law protects Good Samaritans from being held accountable for the outcome of those they assist, especially in crisis situations.
The laws represent progressive initiatives to strengthen living standards and ensure that the UAE remains a preferred choice for foreign direct investment and individuals from all over the world.
Earlier, the Abu Dhabi Police had institutionalized the deed to assist without completing appropriate first aid training, making people very hesitant to act in crisis situations for fear of prosecution under possible offenses. As a result, the new legislation seeks to eradicate this hesitancy and improve the country’s survival rates. In case of doubt, timely and right legal advice is crucial. Hire a legal professional for any assistance you need in such a matter.
Purpose of Good Samaritan Laws
The primary objective of Good Samaritan Laws is to inspire individuals to respond when they are in the role of a bystander in an event of an emergency. The law promotes altruism. Prior to the establishment of the law, people were hesitant to intervene on behalf of others for fear of subjecting themselves to court action.
The law allows people to act in a time of need and assist some other individual in an extreme emergency. The overall goal is to foster a better society in which people perform on their instincts to assist others without suspicion or fear.
These laws only support if the rescuer acts without expecting to be rewarded. In other words, if you are compensated to save people, you are not a Good Samaritan. Paid rescuers are required to perform their duties correctly and can be held responsible for errors.
Bottom Line
The principal feature of a Good Samaritan law is to offer immunity from prosecution for those who perform first aid in a lifesaving situation when acting in good faith and without compensation. Other factors to consider include parental rights, explicit consent, and the victim’s right to decline care.
A Good Samaritan law would benefit the UAE by encouraging valuable assistance and potentially life-saving aid by reducing bystander fear and offer some solace and clarification to those who might otherwise be concerned about liability when helping in an extreme situation, provided suitable regulations are followed to avoid misinterpretation.
Furthermore, with rigorous and broadening sports and events schedule as well as a growing image as a tourism sector center, citizens, visitors, and international travelers must feel confident that this is a positive step, as more helpers will be accessible if unfavorable events happen in public spaces. Those with the necessary training and skills can act freely and help those in need without fear of legal repercussions.
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