LRC backs legal protection for ‘Good Samaritans’

PEOPLE who act as “Good Samaritans” and go to the rescue of others in life-threatening situations should be legally protected from the threat of civil action except in cases of gross negligence, the Law Reform Commission (LRC) has recommended.

However, the LRC has ruled against the introduction of a new law which would impose a positive duty on citizens and off-duty medical and security personnel to intervene to assist others at risk.

In a new report due to be published today, the LRC has recommended the introduction of a new Civil Liability (Good Samaritans and Volunteers) Bill, which would help deal with any anxiety felt by people who go to the aid of others in difficulty and volunteers as well as to clarify the law on the issue.

“The proposed legislation should provide for a full defence against a civil liability claim for Good Samaritans and voluntary rescuers, unless there is gross negligence,” said the LRC.

The report said the test for gross negligence would bring Ireland into line with similar laws in many other countries including the US, Canada, Australia and New Zealand.

Attorney General Paul Gallagher SC will launch the report today. His predecessor, Rory Brady SC, had asked the LRC to look at the issue because of the roll-out of defibrillators in public places and the promotion of volunteering.

More than 500,000 people, a third of the active, adult population, volunteer in the Republic providing equivalent to the work of 96,450 full-time workers.

The report noted there are more than 5,000 sudden cardiac deaths on average each year.

The LRC said it was unlikely that liability would arise involving Good Samaritans, although a slight risk of litigation existed, especially in instances of organised volunteering activity.

The LRC acknowledged that its recommendations were designed, where possible, to be consistent with supporting rather than discouraging volunteer activity.