South Carolina has two Good Samaritan laws that protect people from civil and criminal liability if they come to the aid of an accident victim or they report another individual’s suspected drug overdose.
Good Samaritan laws are enacted to encourage bystanders to help in emergency situations without fear of being sued if their actions inadvertently contribute to a person’s injury or death. Good Samaritan protections in drug overdose cases are considered good public health policy.
The parable of the Good Samaritan is told in the Bible. Although Samaritans and Jews disliked each other, the Samaritan in the parable helps an injured Jew who has been robbed and beaten after others have passed him by.
Today, a Good Samaritan is someone who renders aid to those who are in need of help. For example, a doctor who comes upon a car crash on a South Carolina highway and provides first aid treatment to the best of his ability at the accident scene until emergency responders arrive would likely be protected. Good Samaritan laws protect people who act in good faith to help others when they are in danger or distress.
What Do South Carolina’s Good Samaritan Laws Say About Helping Accident Victims?
Every state has enacted some form of Good Samaritan law. South Carolina’s primary Good Samaritan law, which originated in the 1960s, is found in S.C. Code Ann. §15-1-310 (2005). It says:
Any person, who in good faith gratuitously renders emergency care at the scene of an accident or emergency to the victim thereof, shall not be liable for any civil damages for any personal injury as a result of any act or omission by such person in rendering the emergency care or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person, except acts or omissions amounting to gross negligence or willful or wanton misconduct.
The statute applies to such acts as assisting someone who has been injured in a car accident, performing the Heimlich maneuver on someone believed to be choking in a restaurant, or helping someone up after they have fallen.
Does the Good Samaritan Law Protect Me If I Acted in Good Faith to Help Someone?
The key to the law’s protection is that the individual acts in good faith. One legal definition of good faith says, “Depending on the exact setting, good faith may require an honest belief or purpose, faithful performance of duties, observance of fair dealing standards, or an absence of fraudulent intent.”
In other words, the fact that a Good Samaritan tried to help and did nothing purposely to cause harm should protect him or her from a civil penalty if something goes wrong or there was something further the individual might have done but failed to do.
How Does South Carolina’s Good Samaritan Law Apply to Drug Overdoses?
A more recently adopted South Carolina Law (SC Code § 44-53-1920 (2019)) provides limited immunity to Good Samaritans who seek emergency help for someone who appeared to be experiencing a drug or alcohol-related overdose. The goal of the law is to slow the rapid increase in overdose deaths in South Carolina.
To qualify as a Good Samaritan in this situation, the individual seeking help for the person experiencing an overdose must:
- Act in good faith and have a reasonable belief they are the first to report the overdose
- Provide their legal name when asked by a 911 dispatcher or police
- Remain with the individual in need of medical assistance until help arrives
- Fully cooperate with law enforcement and medical personnel
Such a call for help is not protected if it is placed during the execution of an arrest warrant, search warrant, or another lawful search.
If the requirements above are met, the Good Samaritan reporting the suspected overdose “may not be prosecuted” for:
- Possessing a controlled substance
- Dispensing or delivering a controlled substance
- Possessing drug paraphernalia
- Selling or delivering drug paraphernalia to the person who appeared to be experiencing a drug overdose
- Illegally possessing, consuming, buying, or attempting to buy alcoholic beverages while under 21 years old
- Providing someone under 21 years old with beer or wine to drink
An additional statute provides similar protections to the individual believed to be suffering the overdose.
However, if the Good Samaritan has found himself or herself in this situation before and sought medical assistance for someone suspected of overdosing, the court may consider the circumstances and decide whether to grant immunity from prosecution for a second or subsequent time.
If police find evidence of other crimes when they arrive, the Good Samaritan may be arrested and prosecuted. If the individual is arrested for a drug or alcohol-related offense not listed in the statute, the court may consider their decision to seek medical assistance to be a mitigating factor when prosecuting or sentencing them.
Contact Our S.C. Attorneys about Good Samaritan Protections
If you find yourself under arrest or the object of a lawsuit and think you have acted in good faith and should be protected by South Carolina’s Good Samaritan law, let the compassionate legal professionals of McKinney, Tucker & Lemel LLC assist you. We are committed to standing up for the rights of our clients. We are proud to protect the rights of Good Samaritans.
From our office in Rock Hill, we help people from throughout York County, Lancaster County, Fort Mill, Indian Land, Chester County, and surrounding areas of South Carolina. Contact us today for a legal consultation with an experienced criminal defense attorney or a personal injury lawyer.
