When emergencies happen, seconds matter. California law encourages bystanders to step in and help without fear of being sued.
Under California Health and Safety Code 1799.102, individuals who provide emergency assistance in good faith are generally protected from civil liability.
This law is designed to promote lifesaving action—so people can help without hesitation when it matters most.
Simply put, PC 1799.102 protects people who:
- Provide emergency medical or non-medical assistance
- Act in good faith
- Do not expect compensation
- Assist at the scene of an emergency
If these conditions are met, the law typically shields you from being sued for unintended harm caused while helping.
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What Types of Assistance Are Protected?
The law covers both medical and non-medical aid provided during emergencies.
Examples of Emergency Medical Care
- Performing CPR on a person in cardiac arrest
- Applying pressure to stop bleeding
- Assisting a choking victim (Heimlich maneuver)
Examples of Emergency Non-Medical Care
- Pulling someone from a burning vehicle
- Helping a drowning person out of the water
- Providing basic support while waiting for paramedics
The law was expanded to include non-medical assistance, recognizing that many emergencies require immediate action beyond medical care.
What Does “Good Faith” Mean?
Under California Health and Safety Code Section 1799.102, acting in good faith is a key requirement for legal protection. The chart below explains what qualifies—and what does not.
| Element | What It Means | Example | Legal Impact |
|---|---|---|---|
|
Genuine Intent to Help |
You act to assist someone in an emergency |
Performing CPR on an unconscious person |
Supports immunity from civil liability |
|
No Expectation of Payment |
You do not seek compensation or reward |
Helping at an accident scene without payment |
Required for Good Samaritan protection |
|
Reasonable Conduct |
You act as a reasonable person would under the circumstances |
Applying pressure to stop bleeding |
Maintains protection under the law |
|
No Recklessness |
You avoid dangerous or careless actions |
Not moving an injured person unnecessarily |
Prevents loss of immunity |
|
No Intent to Harm |
Your actions are not malicious or harmful |
Attempting to assist, not injure |
Essential for protection |
|
Within Emergency Context |
Aid is given at the scene of an emergency |
Helping at a crash site or public emergency |
Required for the law to apply |
|
No Gross Negligence |
You do not act with extreme disregard for safety |
Using basic care rather than reckless methods |
Losing this can remove legal protection |
Key Takeaway
“Good faith” means acting honestly, reasonably, and without personal gain during an emergency. Meeting this standard is essential to receiving protection under California's Good Samaritan Law.
What Is Covered—and What Is Not?
Protected Conduct
You are generally protected from civil liability for:
- Accidental injuries caused while helping
- Mistakes made during emergency assistance
- Unintended consequences of reasonable actions
Not Protected
The law does not protect against:
- Gross negligence (extreme lack of care)
- Willful or wanton misconduct (reckless disregard for safety)
- Criminal acts committed during the emergency
Even if your actions fall short of reasonable care, legal liability may still apply.
What Is “Gross Negligence”?
California courts define gross negligence as:
- A significant departure from what a reasonable person would do
- A serious lack of care under the circumstances
It is more serious than ordinary negligence but less than intentional wrongdoing.
Does the Law Protect Against Criminal Charges?
Not entirely.
While the Good Samaritan Law focuses on civil liability, certain protections may apply in specific situations.
For example, under California Health and Safety Code Section 11376.5, individuals who seek medical help for a drug overdose may receive limited immunity from certain drug-related charges.
However, criminal conduct unrelated to emergency aid may still be prosecuted.
Does the Law Apply to Healthcare Professionals?
Yes—with some differences.
Healthcare professionals are protected when:
- They provide aid outside their normal work setting
- They act in good faith and without compensation
However, their actions may be judged against the standard of a similarly trained professional.
Where Does the Law Apply?
The law applies only at the scene of an emergency, such as:
- Accident sites
- Public places
- Private locations where emergencies occur
It does not apply in:
- Hospitals
- Clinics
- Ambulances or medical facilities
These settings are governed by different legal standards.
When Does the Good Samaritan Law Not Apply?
You may lose protection if:
- You act with gross negligence
- You intentionally harm someone
- You behave recklessly
- You commit a crime while providing aid
In these situations, you may still face legal consequences.
Practical Impact of the Law
While the law provides strong protection, it does not prevent lawsuits from being filed. Instead, it offers a legal defense if you acted appropriately.
In most cases:
- The burden is on the injured party to prove misconduct
- Acting in good faith strengthens your legal protection
- Courts generally favor those who attempt to help
Frequently Asked Questions
What is the Good Samaritan Law in California?
It protects people who provide emergency assistance from civil liability under California Health and Safety Code Section 1799.102.
Can I be sued for helping someone?
You may be sued, but the law provides a strong defense if you acted in good faith.
Does the law apply to non-medical help?
Yes. It covers both medical and non-medical assistance.
What is not protected under the law?
Gross negligence, reckless behavior, and criminal acts are not protected.
Does it apply in hospitals?
No. The law applies only at emergency scenes, not medical facilities.
Does it protect against criminal charges?
Not fully, though limited protections may apply in overdose situations.
Why This Law Matters
The Good Samaritan Law encourages people to act quickly in emergencies—without fear of legal consequences. By protecting those who step in to help, the law promotes safety, compassion, and community responsibility.
Speak With a California Attorney
If you have questions about liability, emergency response, or your legal rights under California Health and Safety Code Section 1799.102, consulting with an experienced California attorney can help you understand your options and protections.
Esfandi Law Group is available to assist. Kindly schedule your complimentary consultation at your earliest convenience.
