When you witness an emergency, your first instinct may be to help. Whether it’s a car accident, workplace accident, or someone experiencing a medical crisis, offering assistance is a natural response. However, you may worry about the legal consequences of getting involved.
This post will help you understand your rights under Nebraska’s Good Samaritan Law, ensuring you can offer emergency aid without fear.
Navigating Nebraska’s Good Samaritan Law and Its Protections
The Nebraska Good Samaritan law states that any person who renders emergency care at an accident or emergency scene, voluntarily and without compensation, shall not be held liable for any civil damages.
This law encourages people to help others in need without fearing lawsuits or legal consequences. The goal is to make sure that injured persons receive assistance quickly, potentially saving lives.
The law also covers individuals providing emergency first aid, such as CPR or other immediate care. However, knowing how to be a Good Samaritan in emergencies like overdoses or car accidents is crucial. It is essential to act appropriately, to stay within the law’s protection.
How Nebraska’s Law Supports Minors During Underage Drinking Incidents
When a minor is caught up in underage drinking or with friends who are, it can be incredibly daunting to call for help in an alcohol-related emergency. The fear of facing legal trouble can make them hesitate. Yet, when faced with an alcohol poisoning incident, every second counts.
However, Nebraska’s Good Samaritan Law is here to provide reassurance. It offers immunity to those who call 911 to get help for someone suffering from alcohol poisoning, no matter his or her own involvement in underage drinking.
This law is designed to encourage young people to act swiftly in emergencies, knowing their priority can be the health and safety of their friends without the worry of legal repercussions.
Assisting Victims of Drug Overdoses
Similar to alcohol-related emergencies, Nebraska’s Good Samaritan Law also protects individuals who assist in drug overdose situations. This protection is vital in addressing the opioid crisis and saving lives.
The law provides immunity to those who seek emergency help for someone experiencing a drug overdose. This encourages people to act quickly and decisively in critical situations without fear of legal consequences.
When encountering an emergency, you should take the following steps:
- Assess the situation: Ensure the scene is safe before offering help
- Call 911: Contact emergency services immediately and provide detailed information; if someone is injured or unresponsive, calling 911 should be your top priority
- Stay calm: Remain composed and communicate clearly with responders, because providing clear and accurate information to emergency responders is critical for effective assistance
By following these steps, you can provide valuable assistance while staying protected under Nebraska’s Good Samaritan Law. Your actions can make a significant difference in an emergency, potentially saving lives.
The Legal Risks of Offering Aid to an Injured Person in Nebraska
While Nebraska’s Good Samaritan Law offers significant protections, there are legal risks involved when someone renders emergency care to another person.
Understanding the following risks ensures you act responsibly and within the law’s boundaries.
Causing further injury or death
One of the primary legal risks when assisting an injured person is the possibility of causing further injury or even death. Even with the best intentions, untrained individuals can inadvertently worsen an injured person’s condition.
You must ensure that your actions do not further injure the person, especially if you decide to move him or her to render aid.
Failing to apply special training properly
If you have specific training but are not a medical professional (e.g., CPR certification), you are generally expected to perform to that standard. If you are a medical professional, you will likely be held to a higher standard of care based on your training and expertise, even if you are off-duty.
Failing to use your training appropriately may be considered negligent, which could lead to legal action being taken against you.
Misdiagnosis
In the heat of the moment, it can be challenging to accurately assess what is wrong and what type of assistance is needed. Misunderstanding the nature of the injury or illness can result in inappropriate medical treatment. For example, treating a diabetic coma as a heart attack could have serious repercussions.
Acting in a grossly negligent or reckless manner
The law does not protect individuals whose actions are grossly negligent. Gross negligence is a severe lack of care or a significant deviation from how a reasonable person would act in the same situation.
You must avoid any behavior that could worsen the injured person’s condition. Failing to do so could put you in legal jeopardy. In extreme cases where actions are reckless or intentionally harmful, the “good Samaritan” might face criminal charges.
Not obtaining explicit consent
If the injured person is conscious and capable of giving consent, you should ask for permission before providing aid. Failure to do so could lead to legal issues, especially if the person later claims your actions caused harm.
Failing to act in good faith
Another key aspect of Good Samaritan laws is the requirement for the aid to be rendered in good faith. When someone acts in good faith while providing emergency assistance, he or she does so with honesty, integrity, and a genuine desire to help. The helper or “good Samaritan” must not act with malice or any other ulterior motives.
Understanding these risks enables you to provide effective and safe assistance. It’s important to stay calm and focused, act within your abilities, and call for professional medical help when needed.
Exceptions to Nebraska’s Good Samaritan Law
While Nebraska’s Good Samaritan Law provides broad protections, there are important exceptions you should know before rendering assistance:
- Compensation exception: The law does not protect individuals who expect payment for their assistance, but its protections only apply to voluntary, uncompensated assistance
- Professional rescuers: Certain professionals, such as doctors and paramedics, are not covered by the same protections when acting within the scope of their employment
- Immediate care: The care must be provided at the scene of the emergency
Paramedics who witness an accident while off-duty may offer emergency aid. They may be protected under Nebraska’s Good Samaritan Law, provided they do so voluntarily and without expecting compensation. However, if a paramedic is on duty and acting within his or her professional capacity, different legal standards may apply.
What to Expect When You Call for Emergency Help
Some people hesitate to offer emergency aid because they fear what will happen if they make the call.
Here is what you can expect when you make the phone call to save someone else’s life:
- Clear communication: When you call 911, the dispatcher will ask for information about the emergency. Provide detailed information to the dispatcher and give ongoing updates about the situation.
- Stay on the scene: Remain at the scene until help arrives. Emergency responders will arrive at the scene and take over the situation, ensuring the injured person receives professional care.
- Follow instructions: Remain on the line with the dispatcher until help arrives. Listen to and follow the dispatcher’s instructions.
When you call for help, you are automatically protected under the law if you meet its criteria.
We Can Assist You With Nebraska’s Good Samaritan Law
At Hauptman, O’Brien, Wolf & Lathrop, we understand the complexities and concerns surrounding Nebraska’s Good Samaritan Law. If you have questions about your rights under Nebraska’s Good Samaritan Law or need assistance with a personal injury case, please contact us to schedule a free consultation.
Our compassionate and experienced team is here to help you navigate any legal challenges you may face if you were harmed by someone rendering your aid. Your peace of mind is our priority, and we are committed to supporting you every step of the way.
Contact Hauptman, O’Brien, Wolf & Lathrop at one of our offices in Omaha, South Omaha, or Bellevue now to schedule a free consultation. Let us provide the guidance and support you deserve.
