Report No. 201
Protection to those who render emergency care of injured:
In the State of Virginia, the Code of Virginia (as amended in 2000) contains section 8.01.225 which exempts a person from civil liability when he renders emergency care or assistance. The section provides that any person who, in good faith, renders emergency care or assistance without compensation, to any person who is ill or injured at the scene of the accident, fire or life threatening emergency, or en route therefrom to any hospital, medical clinic or doctor's office, shall not be liable for any civil damages for acts or omissions resulting from the rendering of such care or assistance.
Similarly, if any person provides assistance upon request of any police agency, fire department, rescue or emergency squad, or any governmental agency in the event of an accident or other emergency, he shall not be liable for any civil damages resulting from any act, omission on his part in the course of rendering such assistance in good faith.
In New York, a similar provision exists in Art 30 of the Public Health Law Emergency Medical Services. Section 300A provides that any person who voluntarily and without expectation of any monetary compensation renders first aid or treatment at the scene of an accident or other emergency, outside a hospital or to a person who is unconscious, ill or injured, 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 on an action, omission in the rendering of such emergency treatment.