Michael Pines | May 24, 2026 | California Law \ Personal Injury
Imagine witnessing a serious car accident. Someone is injured, help hasn’t arrived yet, and you step in to assist. But what if something goes wrong during the rescue? Could you be sued for trying to help?
In California, the answer is generally no – thanks to the state’s Good Samaritan Law.
California law protects individuals who provide emergency assistance in good faith from being held civilly liable in many situations. However, those protections are not unlimited, especially in cases involving gross negligence or reckless behavior.
Here’s what you need to know about California’s Good Samaritan protections and how they relate to personal injury law.
What Is California’s Good Samaritan Law?
California’s Good Samaritan protections are found in California Health and Safety Code Section 1799.102. The law generally states that a person who, in good faith and not for compensation, renders emergency care or assistance at the scene of an emergency is generally protected from civil liability for injuries or death resulting from their assistance.
The purpose of the law is simple:
- Encourage bystanders to help in emergencies
- Reduce fear of lawsuits
- Promote public safety and emergency response
What Types of Assistance Are Protected?
California’s Good Samaritan Law protects more than just medical care. The law may apply when someone provides:
Medical Assistance
Examples include:
- CPR
- Bleeding control
- Basic first aid
- Emergency stabilization efforts
Non-Medical Assistance
The law also protects many forms of rescue or emergency aid, such as:
- Pulling someone from a burning vehicle
- Assisting accident victims to safety
- Helping evacuate people during emergencies
California courts have clarified that the protections extend beyond purely medical care.
What Conditions Must Be Met?
To qualify for Good Samaritan protection in California, several conditions generally apply:
| Requirement | Explanation |
| Good Faith | The person must genuinely attempt to help |
| Emergency Situation | Assistance must occur during an emergency |
| No Compensation | The person cannot expect payment |
| Reasonable Conduct | The assistance cannot involve gross negligence or reckless behavior |
If these conditions are met, the helper is generally shielded from civil lawsuits.
What Is NOT Protected?
California’s Good Samaritan Law does not provide blanket immunity. The law does not protect gross negligence or reckless conduct.
It generally means an extreme departure from what a reasonably careful person would do under similar circumstances.
Examples may include:
- Acting recklessly during a rescue
- Ignoring obvious dangers
- Providing assistance while intoxicated
- Performing dangerous actions far beyond one’s ability or training
If a rescuer acts with gross negligence, they may still face legal liability.
Ordinary Negligence vs. Gross Negligence
Understanding this distinction is important.
- Ordinary Negligence. Minor mistakes or errors in judgment made while trying to help. Typically protected under the Good Samaritan Law.
- Gross Negligence. Severe recklessness or extreme carelessness. Not protected.
California courts evaluate these situations based on the specific facts of each case.
Why Did California Expand Good Samaritan Protections?
California’s current law evolved after legal disputes over whether protections only applied to medical care.
One well-known case involved a woman injured while being pulled from a vehicle after an accident. Questions arose about whether non-medical rescue efforts were protected.
In response, California lawmakers broadened the statute to clearly include both:
- Emergency medical care
- Emergency non-medical assistance
This expansion reinforced the law’s goal of encouraging people to help in emergencies without hesitation.
Does the Law Require You to Help?
Generally, no. California’s Good Samaritan Law protects people who voluntarily help – but it does not usually require bystanders to intervene.
However, certain professionals (such as some emergency personnel) may have separate legal or professional obligations.
How the Good Samaritan Law Relates to Personal Injury Cases
Good Samaritan protections can become important in personal injury litigation when:
- A rescue attempt allegedly causes additional injury
- Someone sues a bystander who attempted to help
- Questions arise about whether conduct was negligent or grossly negligent
The law seeks to strike a balance between:
- Encouraging emergency assistance
- Preventing reckless or dangerous conduct
Common Examples of Protected Conduct
Example 1: Pulling Someone from a Vehicle
A bystander removes an unconscious driver from a smoking car to prevent further harm. Generally protected if done in good faith.
Example 2: Performing CPR
A person attempts CPR on a cardiac arrest victim but accidentally fractures ribs. Typically protected under the law.
Example 3: Reckless Rescue Attempt
A person performs a dangerous maneuver without necessity or training, causing severe additional injuries. May not be protected if conduct rises to gross negligence.
California Encourages People to Help
California’s Good Samaritan Law exists to encourage ordinary people to step in during emergencies without fear of automatic legal consequences.
The law generally protects them from civil liability if someone:
- Acts in good faith
- Provides emergency assistance
- Does not expect payment
- Avoids gross negligence
At the same time, California law still holds individuals accountable for reckless or egregiously careless conduct.
Injured in an Accident? We Can Help.
At Pines Salomon Personal Injury Lawyers, we help accident victims navigate complex California personal injury laws – including issues involving negligence, liability, and emergency response situations.
If you or a loved one has been injured in San Diego and have questions about your legal rights, contact us today for a free consultation.