We all hope that if we are ever seriously injured or involved in an accident that someone will render the necessary help; whether that’s calling a police officer to the scene or being pulled out of an overturned car. However, when many see others who are seriously injured they may be reluctant to help because of the liability that becomes attached to their good will. Some of the questions you may ask yourself are: What if the person dies while rendering care? What if they are injured further? Will I be held liable if these situations occur? Though these are rational and reasonable questions, you are protected. If you or a loved one injured another while administering emergency care, contact an experienced New Mexico personal injury attorney to help you with your case.
How Does the Good Samaritan Law Work?
According to New Mexico’s Statute 24-10-3 , no person who administers emergency care in good faith at or near the scene of an emergency shall be held liable for civil damages caused by their action or inaction unless gross negligence was present. In simpler terms New Mexico’s Good Samaritan Law protects its citizens from civil liability as well as criminal liability if a victim is injured while someone is trying to help render care in emergency situations. However, the person rendering care must act in good faith, with no malice and cannot be grossly negligent.
The Good Samaritan Law also applies to New Mexico’s Statute Section 12-12-28 stating that anyone who provides assistance in mitigating or attempting to mitigate hazardous waste material shall not held liable. During assistance, if a victim is unable to give consent for their aid because the victim is unresponsive, implied consent is assumed; however, it is important to note that for minors, if it is not a life or death situation, consent must be given from the parent or guardian before aid can be administered. Lastly, because accidental drug overdose has increased tremendously throughout the years affecting people between the ages of 25-64, the Good Samaritan Law also applies to those who are seeking assistance for a friend who has overdosed without liability attaching to them neither, criminally or in a civil context.
Need Legal Advice
Helping someone in an emergency situation should not result in you being held liable for any unintentional injury you may cause. After all, good will should be promoted. Under New Mexico’s Good Samaritan Law you are able to render care without worry of a civil suit or criminal implications. If you or a loved one injured another while administering emergency care, contact an experienced New Mexico personal injury attorney at Khayoumi Law Firm to help you strategize about the best possible outcomes for your case. We are here to help!