Call for new laws to protect Good Samaritans

Legal experts today called for new laws to prevent Good Samaritans from being sued in the event of an accident.

The Law Reform Commission claimed volunteers and people involved in rescue attempts are worried their efforts could backfire if they are unsuccessful.

But the body stopped short of calling for new laws making it a duty for ordinary citizens, health workers, gardaí and the Defence Forces to help someone in danger.

The Commission said reform of the legislation around Good Samaritan acts should give volunteers a full defence against liability, bringing Ireland into line with the United States, Canada, Australia and New Zealand.

Rescuers could only be sued if they show gross negligence, putting themselves or others at a high degree of risk or potential injury, the report said.

The Commission looked into issues around volunteering and the law around helping an injured person following a request from the Attorney General Paul Gallagher SC.

The Attorney General asked if the law should put a positive duty on people to go to the aid of a person in trouble or at risk of such an injury but the Commission rejected the idea. It said there should not be any legal duty to intervene and that it would not encourage people to volunteer.

The Commission’s report on the Civil Liability of Good Samaritans and Volunteers was launched at the Commission’s office by the Attorney General.