Michigan Good Samaritan Law

Does Michigan's Good Samaritan Law Protect Me?

The Motorcycle Legal Minute™ was created by Jason Waechter, THE Motorcycle Lawyer℠, to explain Michigan’s motorcycle law in a short and easy to understand way.

Michigan’s Good Samaritan law: if you stop to help a fellow motorcyclist, could you have any liability?

Let’s talk about Michigan’s Good Samaritan law: if you stop to help a fellow motorcyclist, could you have any liability?

 

This law is especially relevant to me because my firm sponsors an Accident Scene Management Class, where our firm’s EMT, Debbie Parinello, teaches rescue breathing and other first aid that can be needed after a motorcycle wreck.

 

So, can you be sued if you stop and give aid? The short answer is, yes, you can be responsible for any damage you cause, if you were negligent (basically meaning you acted unreasonably).

 

What we would call ‘Good Samaritan Laws’ are found at Michigan Complied Law (MCL) 691.1501-.1507. I have inserted here the relevant parts with a little editing, so they are easier to read:

One part of Michigan’s Good Samaritan Law (MCL 691.1501) deals with medical professionals that have a license. Anyone that is a Physician, physician's assistant, or nurses rendering emergency care outside of their job duties is 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 caused.

 

Author’s comment: So here only a medical professional has immunity. However, they can be held liable for damage if they were grossly negligent or if their conduct was willful or wanton (see below for definition).

Example: If a nurse is driving down the highway and sees a truck change lanes, causing a motorcyclist to go down, the nurse can provide medical care and not worry about being held responsible in civil court unless her conduct was so unreasonable that it was reckless.

 

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

 

Author’s comment: So here everyone, not just medical professionals, have immunity when performing CPR or using a defibrillator. However, again you can still be liable for damage if you were grossly negligent or your conduct was willful or wanton.

 

Stated another way, basically an individual, who has no duty to do so, in good faith voluntarily renders cardiopulmonary resuscitation (CPR) to 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 specified 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. 

 

Example: if 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 perform chest compressions on him. Basically, you will not be held liable for any damage you may have caused unless your conduct was so unreasonable that it was reckless.

 

A typical definition used for ‘gross negligence’ is: conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results. The idea with ‘willful and wanton’ conduct is that the person acts with such ‘reckless indifference that harm probably will result.’

Now, I’ve never even heard of a Good Samaritan being sued, so I think the risk is minimal.

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