Delaware Good Samaritan Act
One section of the DE Code provides for (a) liability exemption and (b) and ALS
standards committee. The section is broken into subparts (a) and (b) for each
item. Since subpart (b) is lengthy and does not deal with immunity, only
subpart (a) is quoted.
16 Del.C. §6801 [subpart (a) only]
rendering emergency care exempt from liability; Advanced Life Support Standards
- Notwithstanding any inconsistent
provisions of any public or private and special law, any person who voluntarily,
without the expectation of monetary or other compensation from the person
aided or treated, renders first aid, emergency treatment or rescue
assistance to a person who is unconscious, ill, injured or in need of
rescue assistance, or any person in obvious physical distress or
discomfort shall not be liable for damages for injuries alleged to have
been sustained by such person or for damages for the death of such person
alleged to have occurred by reason of an act or omission in the rendering
of such first aid, emergency treatment or rescue assistance, unless it is
established that such injuries or such death were caused wilfully,
wantonly or recklessly or by gross negligence on the part of such person.
This section shall apply to members or employees of nonprofit volunteer or
governmental ambulance, rescue or emergency units, whether or not a user
or service fee may be charged by the nonprofit unit or the governmental
entity and whether or not the members or employees receive salaries or
other compensation from the nonprofit unit or the governmental entity.
This section shall not be construed to require a person who is ill or
injured to be administered first aid or emergency treatment if such person
objects thereto on religious grounds. This section shall not apply if such
first aid or emergency treatment or assistance is rendered on the premises
of a hospital or clinic.
(16 Del. C. 1953, §6801; 58 Del. Laws, c. 105; 59 Del.
Laws, c. 361, §1; 62 Del. Laws, c. 93, §1; 63 Del. Laws, c. 235, §§1, 2; 66 Del.
Laws, c. 51, §1; 66 Del. Laws, c. 235, §§1, 2; 70 Del. Laws, c. 186, §1.)
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