Florida's Good Samaritan Act is Fla. Stat. 768.13. It shields a person who gratuitously and in good faith renders emergency care at the scene of an emergency from civil damages, but only where that person acted as an ordinary reasonably prudent person would have acted under the same or similar circumstances. That last clause is the whole of it: the Act is a qualified protection, not immunity for anything done with good intentions.
Keep reading for what Fla. Stat. 768.13 covers at a crash scene, the separate and stricter standards it sets for health care providers, and where it stops.
What is Florida's Good Samaritan Law?
Florida's Good Samaritan Law is Fla. Stat. 768.13, which the statute itself titles the Good Samaritan Act. It was enacted by chapter 65-313, Laws of Florida, and was last amended in 2011. Fla. Stat. 768.13(2)(a) covers any person, including someone licensed to practice medicine, who gratuitously and in good faith renders emergency care or treatment at the scene of an emergency outside a hospital, a doctor's office, or another place having proper medical equipment, and without objection of the injured victim.
This law is particularly relevant in the context of car accidents, as it can apply to bystanders, other drivers, or even off-duty medical professionals who stop to help at the scene of a crash. The primary purpose of the law is to promote a culture of assistance and support during emergencies, potentially saving lives and reducing the severity of injuries sustained in accidents.
Key Components of the Law
Fla. Stat. 768.13(2)(a) sets an ordinary negligence standard, not a gross negligence one. Protection applies where the helper acts as an ordinary reasonably prudent person would have acted under the same or similar circumstances. A volunteer who falls below that line is outside the Act and can be sued for negligence in the ordinary way, and is exposed to the full range of damages or injuries claimed.
Three further conditions run alongside that standard. The care has to be gratuitous, which means rendered without expecting payment. It has to be given in good faith. And it has to be given without objection of the injured victim, which matters when a conscious adult refuses help.
Florida does use a gross-conduct standard, but only for two narrower groups. Fla. Stat. 768.13(2)(b) protects a health care provider delivering emergency services required by 42 U.S.C. s. 1395dd or by Fla. Stat. 395.1041, 395.401 or 401.45 unless the damages result from a reckless disregard for the consequences. Fla. Stat. 768.13(2)(c) protects a health care practitioner already in a hospital who volunteers to treat a patient with whom there is no existing relationship, unless the treatment is proven willful and wanton. Neither standard applies to a bystander at a roadside crash.
Who is Considered a "Good Samaritan" Under Florida Law?
Under Florida law, a Good Samaritan can be any individual who voluntarily renders aid during an emergency situation without expectation of compensation. This broad definition encompasses a wide range of people who might assist at a car accident scene.
Examples of potential Good Samaritans include bystanders who witness an accident and stop to help, other drivers who come upon the scene and offer assistance, or off-duty medical professionals who use their expertise to provide care before emergency services arrive. The law also extends to individuals who may have some level of training, such as lifeguards or teachers, who choose to help outside of their professional capacity.
Fla. Stat. 768.13 does not exclude on-duty responders by job title. The limit is the word gratuitously in Fla. Stat. 768.13(2)(a): a person being paid to respond is not rendering care gratuitously, so the subsection does not reach them. A separate provision, Fla. Stat. 768.13(2)(d), covers people who participate in emergency response under the direction of or in connection with a community emergency response team, a local emergency management agency, the Division of Emergency Management or FEMA, on the same reasonably prudent person standard.
How the Good Samaritan Law Applies to Car Accidents
The Good Samaritan Law provides important legal protections for individuals who assist at car accident scenes. These protections typically cover actions such as administering first aid, moving victims to safety if necessary, or providing comfort and support until emergency services arrive.
For example, if a bystander witnesses a car accident and rushes to help an injured driver by applying pressure to a bleeding wound, they would likely be protected under the Good Samaritan Law even if the victim later claimed the assistance caused additional pain or complications.
The law does not offer blanket immunity. Under Fla. Stat. 768.13(2)(a) the protection holds only while the helper acts gratuitously, in good faith, without objection of the injured victim, and as an ordinary reasonably prudent person would have acted in the same circumstances. A bystander who starts chest compressions on an unresponsive crash victim is doing what a reasonable person would do, and an unsuccessful attempt is not by itself a failure of that standard. A bystander who does something a reasonable person plainly would not do is outside the Act, whether or not the conduct rises to gross negligence.
Encouraging Bystander Intervention
One of the primary goals of Florida's Good Samaritan Law is to encourage people to help at accident scenes without fear of legal repercussions. This can lead to more immediate assistance for accident victims, potentially saving lives or reducing the severity of injuries.
The fear the statute answers is a real one. People hesitate at a crash scene because they are afraid of being sued afterwards. Fla. Stat. 768.13 removes that exposure for a helper who acts reasonably, which matters most in the minutes before EMS arrives.
Limitations and Exceptions
The Act has real limits. It does not reach care that was paid for, care given over the injured person's objection, or conduct that falls below what an ordinary reasonably prudent person would have done in the same circumstances. The reckless disregard language people associate with Good Samaritan statutes sits in Fla. Stat. 768.13(2)(b), which governs health care providers delivering federally mandated emergency services, and it is not the standard for a bystander.
In a car accident scenario, gross negligence might include attempting to move a victim with a suspected spinal injury despite having no medical training and against the advice of others at the scene. Similarly, if someone pretends to be a medical professional and performs unnecessary or harmful procedures, they would not be protected under the Good Samaritan Law.
Another example could be a bystander who decides to move a crashed vehicle without proper equipment or knowledge, potentially causing further damage or injury. These actions would likely be considered beyond the scope of reasonable assistance and could result in liability.
Legal Implications for Accident Victims
Florida's Good Samaritan Law can affect liability claims in car accident cases by potentially shielding those who rendered aid from being sued by accident victims. This means that if someone stops to help at an accident scene and unintentionally causes further injury while trying to assist, they may be protected from legal action.
For instance, if a bystander attempts to help an accident victim out of a smoking vehicle and accidentally exacerbates a back injury in the process, the Good Samaritan Law would likely protect them from being held liable for the additional injury. This protection encourages people to act in emergency situations without fear of legal consequences.
Where Fla. Stat. 768.13 applies, it bars civil damages against the helper, so the injured person is left looking to the at-fault driver and to their own coverage. In Florida that starts with personal injury protection benefits under Fla. Stat. 627.736, which pay regardless of who was at fault, subject to that statute's own limits and deadlines.
Considerations for Accident Victims
Accident victims should be aware of how the Good Samaritan Law might affect their situation. While the law is designed to encourage assistance, it's important for victims to understand their rights if they believe the aid provided was negligent or harmful.
If a helper's conduct fell below what an ordinary reasonably prudent person would have done, Fla. Stat. 768.13(2)(a) does not protect it and a claim can proceed. Proving that turns on exactly what was done and when, so document the incident while it is fresh and get examined the same day, which also fixes the timeline of the injuries.
Victims should also be aware that the actions of Good Samaritans might be considered in the overall assessment of the accident and resulting injuries. This could potentially affect insurance claims or legal proceedings related to the accident.
Breaking Into a Car to Reach Someone: a Different Statute
The vehicle rescue protection people associate with the Good Samaritan Act is a separate statute, and it dates from 2016 rather than 2019. Fla. Stat. 768.139, created by chapter 2016-18, Laws of Florida, gives immunity from civil liability for damage to a motor vehicle to a person who enters it, by force or otherwise, to remove a vulnerable person or a domestic animal.
That immunity is conditional on all five requirements in Fla. Stat. 768.139(2). The person has to determine the vehicle is locked or that there is otherwise no reasonable way for the occupant to get out unaided. The person has to hold a good faith and reasonable belief, based on the known circumstances, that entry is necessary because the occupant is in imminent danger of harm. Law enforcement or 911 has to be notified before entry or immediately afterwards. No more force may be used than is necessary. And the person has to remain with the occupant in a safe location in reasonable proximity to the vehicle until a first responder arrives.
Read the scope narrowly, because the statute is narrow. It covers damage to the vehicle. Fla. Stat. 768.139(3) says the section does not limit or expand any immunity provided under Fla. Stat. 768.13 for the care or treatment of the person or animal removed. Fla. Stat. 768.13 itself has not been amended since 2011.
Speak with a Car Accident Attorney Today
If you were hurt in a crash where a bystander stepped in, or you were the bystander and are now worried about it, the question is narrow. Did the helper act gratuitously, in good faith, without objection, and as an ordinary reasonably prudent person would have. Fla. Stat. 768.13(2)(a) turns on those four things and on nothing else.
The car accident injury lawyers at Weinstein Legal Team handle Florida crash claims, including the ones where someone at the scene rendered aid. We will go through what actually happened at the roadside, whether Fla. Stat. 768.13 reaches it, and who is left responsible for the injuries.
Contact Weinstein Legal Team at 888-626-1108 or click here to schedule a free consultation. Let our experienced team guide you through the intricacies of Florida's Good Samaritan Law and fight for your rights in the aftermath of a car accident.
