Michigan's Good Samaritan Laws: 

 

Could you be liable for injury damages if you stop to help an injured biker?

 

 

As Seen in Thunder Road Magazine

 

 

Many people have questions about Michigan's "Good Samaritan" laws, which are actually a group of laws that protect people who choose to help others (MCL 691.1501-1507). Good Samaritan laws are very fact-dependent, and there are many nuances and exceptions to their application depending on the circumstances of a given situation. The law is constantly changing, so what is accurate now may not be accurate in the future. Still, I wanted to provide information about the basics of the Good Samaritan laws and explain how they might apply to motorcyclists and motorcycle accidents. It's important to remember that this article is limited, and while it is my opinion that liability is limited as written below, that does not mean that you cannot or will not be sued. 

 

 

It's important to generally define some of the terms that are often used in these laws before we go any further.  Many Michigan courts would accept that "Gross Negligence" is conduct so reckless as to demonstrate a substantial lack of concern for whether any injury results and "Willful and Wanton Misconduct” means that the person acts with such reckless indifference that harm will probably result.

 

 

Accident Scene Management Classes

 

 

Most of you by now know that our law office gives back to the motorcycle community. We promote motorcycle safety, we advocate for motorcyclists' rights and we actually try to prevent motorcycle wrecks. For almost ten years now, our office has been involved in reigniting the Accident Scene Management Class in Michigan.

 

 

Debbie Parinello, who has worked in our office for the last eight years, became a licensed Emergency Medical Technician (EMT) specifically so she could teach the Accident Scene Management Class, and later became a full-fledged paramedic so she could teach the advanced class. I cover the legal portion of the class, part of which deals with Michigan’s Good Samaritan laws.

 

 

A lot of people have some wrong ideas about their rights and liabilities when it comes to helping injured bikers. I always try to clarify a few of the relevant parts of this law to try to help people understand when they may or may not be liable for injury damages.

 

 

How do Good Samaritan Laws affect licensed medical professionals?

 

One of Michigan's Good Samaritan laws (MCL 691.1501) deals specifically with medical professionals that have a license.  Physicians, physician's assistants, or nurses rendering emergency care outside of their job duties are not liable if they cause harm when helping. However, if their actions amount to gross negligence or willful and wanton misconduct, they may be liable for the harm that they cause. For example, if a nurse is driving down the highway and sees a motorcyclist go down, she can provide medical care and not worry about being held responsible in civil court, unless their conduct was so unreasonable that it was reckless.

 

 

Performing CPR or using a defibrillator

 

Another of Michigan's Good Samaritan laws (MCL 691.1504) deals with a person who voluntarily performs cardiopulmonary resuscitation (CPR) or uses an automated external defibrillator (AED) when it is not part of their job. A layperson who performs CPR or uses a defibrillator on someone who looks like they need it is not liable if they cause harm, unless your actions amount to gross negligence or willful and wanton misconduct.

 

 

In other words, an individual who has no duty to do so, and who voluntarily and in good faith does CPR on another person, is not liable in a civil action for damages except for an act or omission that constitutes gross negligence or willful and wanton misconduct. It also lists specific persons not liable in a civil action for damages, except for an act or omission that constitutes gross negligence or willful and wanton misconduct for use of defibrillators. 

 

 

To give an example, say you are riding with a friend who is rear-ended by a car and is thrown to the ground. You go to him and it appears that he is not breathing so you do CPR on him. You will not be held liable for any damage you may have caused unless your conduct was so unreasonable that it was reckless.

 

 

Layperson has no Immunity

 

 

It is important to understand that laypeople do not have immunity from injury liability under the Good Samaritan laws. If you are not a licensed medical professional, and you stop to help someone, you could still be liable for injury damages. However, the way the law is applied is different depending on the type of help you give.

 

 

If you perform CPR or use a defibrillator on someone whom you think needs it, that person would have to prove gross negligence or willful and wanton misconduct if they were to sue you. However, if you perform a different kind of first aid treatment without a medical license, the person you helped would only have to prove regular negligence in an injury suit. In other words, they have to show that you did something "unreasonable" for a layperson to do, and what you did caused further harm.

 

 

To give an example, if you as a layperson come across a downed biker who clearly has a broken leg twisted in an unusual manner, and you attempt to set that leg, you could be held liable if you cause further damage to the biker's leg. This is because you do not have the necessary medical knowledge to set a broken leg, and the biker would have been better off if you had simply stopped to keep them as comfortable as possible until a qualified medical professional arrived on the scene.

 

 

There is always more to the story

 

 

I don’t know anyone that would not stop to try to help a fellow motorcyclist that had gone down. Good Samaritans don’t normally stop and think about things like liability laws before they try to help a downed biker.  In a search of the case law involving only appealed cases in Michigan, there was not a single case where the Good Samaritan was sued for helping at a vehicle accident.  If you follow the information provided in the Bystander Assistance Class, in my opinion, you would not be held liable. I feel so strongly about this that, if you are sued for helping at an accident, my firm would defend you for free (restrictions apply), as long as you met certain criteria.

 

Remember, this is not a comprehensive review of Michigan's Good Samaritan laws, just a short summary of a few points that are often misunderstood. Our office makes an effort to reach out to motorcyclists and to provide information for the motorcycling community whenever we can. You can learn more about Michigan's Good Samaritan laws by visiting our website at www.themotorcyclelawyer.com. Don't forget that the laws are always changing, and it's in your best interest to stay informed.