Consultation opens on Good Samaritans

The civil liability of Good Samaritans and volunteers is the subject of the Irish Law Commission's new consultation.

The consultation has been prompted by the Attorney General asking the commission to consider the civil liability of those who intervene to assist and help an injured person (“Good Samaritans”) and voluntary rescuers and other volunteers.

This request by the Attorney General came after a Dáil debate in December 2005 on a Private Members Good Samaritan Bill 2005.

The commission has recommended that the law should not be amended to impose any more positive duty on individuals to intervene to rescue people in danger. This conclusion applies both to the general public and to medical professionals.

However, in order to reassure people, the commission has provisionally recommended the introduction of a new law to cover Good Samaritans and voluntary rescuers. This would include a full defence against a civil liability claim for Good Samaritans and voluntary rescuers, unless there is gross negligence (negligence far
below the standard to be expected in the circumstances).