The Texas Good Samaritan Act protects folks from negligence claims, if they act in good faith while trying to help others. It provides that a person who in good faith administers emergency care is not liable in civil damages for an act performed during that emergency, unless that act is willfully or wantonly negligent. In other words, it protects you if something goes wrong while rendering aid. This protection, in turn, is meant to encourage bystanders to render aid to someone in need, without the fear of litigation should something go wrong.
However, one is not exempt from liability under the Texas Good Samaritan Act if any of the following apply:
*They expect remuneration or payment for their help;
*They were at the scene of the emergency to solicit business or offer a service;
*They are someone who normally provides emergency care, such as a nurse or emergency room worker;
*They are a treating or admitting physician associated with the physician of the victim making a medical care liability claim; or
*They are the person responsible for causing the injury in the first place.
Typically, the Good Samaritan is someone that pulls up to the scene of the car accident that just happened. They may provide the typical First Aid, conduct CPR, or use an AED on the injured person if one is available. They are folks that try to keep the injuries from worsening before the trained emergency personnel arrive.
Actions taken by Good Samaritans are judged by the reasonable person standard – what would a reasonable person do if they were under the same or similar circumstances. If the Good Samaritan is grossly negligent (they did something clearly outrageous), and the injured person is hurt worse because of the Good Samaritan’s actions, liability might apply.
Good Samaritan laws take their name from the Parable of the Good Samaritan (attributed to Jesus), which is found in Luke 10: 29-37. This Parable recounts the aid given by a traveler from the area known as Samaria to another traveler of conflicting religious and ethnic background, who had been beaten and robbed by thieves.
The Bassett Firm embraces the Texas Good Samaritan Act, as well as, the actions of the Good Samaritan. In fact, The Bassett Firm was built on the lessons learned from the Parable of the Good Samaritan. It is not until one is able to identify with the man in the ditch that he comes to truly value the strength received from the Good Samaritan.
Therefore, we at The Bassett Firm adopt this as our Mission Statement:
*To worry about our clients’ cases so that they do not have to;
*To counsel our clients in ways that best benefit them, even at our own expense;
*To listen to our clients;
*To strive to not only meet but exceed our clients’ expectations;
*To participate professionally in an often unprofessional arena;
*To be grateful for all that we have by giving back to the community; and,
*To show our appreciation for those whose blood, sweat and tears go in to carrying out this Mission.