What is the Good Samaritan Law in Arizona?

A Good Samaritan Law is generally defined as one that limits the liability of licensed doctors and nurses who voluntarily render care at the scene of an accident.

In Arizona, there are laws that limit the liability of health care providers who render emergency aid or give emergency instructions to EMS technicians at accident scenes; physicians who volunteer at amateur athletic events; people who use defibrillators to render emergency care; people who administer epinephrine to counter severe allergic reactions; people who administer opioid antagonists to reverse opioid overdoses; people who remove endangered minors or animals from locked vehicles; and people who donate and distribute food items and grocery products to those in need.

This article explains the liability exemptions that are given to Arizona’s Good Samaritans and volunteers under these laws.

Emergency Care Good Samaritan Laws:

Emergency Aid

Any licensed or certified health care provider, or licensed ambulance attendant, driver, or pilot, or any other person who, gratuitously and in good faith, renders emergency care at a public gathering or at the scene of an emergency occurrence is not liable for ordinary negligence.  A health care provider or other person rendering emergency aid is, however, still liable for gross negligence.

Emergency Instructions

Any health care provider licensed or certified to practice in Arizona who in good faith gives emergency instructions to emergency medical care technicians at the scene of an emergency is not liable for any civil damages as a result of those instructions.

Amateur Athletic Events

A health care provider licensed or certified pursuant to Arizona law who gratuitously and in good faith renders emergency health care within his or her scope of practice, to an athlete injured during an amateur athletic practice or event, is not liable for ordinary negligence. The health care provider is still liable for gross negligence, however. This law applies to health care providers who agree to voluntarily attend amateur athletic practices, contests and events to be available to render emergency health care.

Defibrillators

A person who uses an automated external defibrillator to render emergency care or assistance in good faith and without compensation at the scene of any accident, fire or other life-threatening emergency is not subject to civil liability for any personal injury that results from any act or omission that does not amount to willful misconduct or gross negligence.

Emergency Epinephrine Administration

A person who, in good faith and without compensation, administers epinephrine to another person who is suffering from a severe allergic reaction and a qualified health professional is not immediately available, is not subject to civil liability for any injury that results from that act unless the person acts with gross negligence, willful misconduct or intentional wrongdoing.

Opioid Overdoses

A person who in good faith and without compensation administers an opioid antagonist (a medicine that rapidly reverses an opioid overdose) to a person who is experiencing an opioid-related overdose is not liable for any civil or other damages as a result of any act or omission while rendering the care or as the result of any act or failure to act to arrange for further medical treatment or care for the person experiencing the overdose, unless the person while rendering the care acts with gross negligence, willful misconduct or intentional wrongdoing.

Removing Child or Animal from Vehicle

A person who uses reasonable force to enter a locked and unattended motor vehicle to remove a minor or confined domestic animal (dog, cat, or other animal that is domesticated and kept as a household pet) is not liable for any damages in a civil action if all five of the following apply:

1. the person has a good faith belief that the minor or animal is in imminent danger of suffering physical injury or death unless removed from the vehicle
2. the person determines that the vehicle is locked and there is no reasonable manner in which the person can remove the minor or animal therefrom
3. before entering the vehicle, the person notifies a law enforcement officer, EMS provider, first responder, or animal control enforcement agency, if appropriate, of the minor or animal
4. the person does not use more force than necessary under the circumstances to enter the vehicle and remove the minor or animal
5. the person remains with the minor or animal until the person who was contacted as required by #3 arrives at the vehicle. A person is not immune from civil liability, however, if the person fails to abide by any of the foregoing five requirements and commits any unnecessary or malicious damage to the vehicle.

Food and Grocery Products:

A person who makes a good faith donation of an apparently wholesome food item or an apparently fit nonfood grocery product to a charitable or nonprofit organization or to any other person is not liable for damages in any civil action for injury or death due to the condition of the donated food item or grocery product, unless the injury or death is a direct result of the intentional misconduct or gross negligence of the donor.

A person who harvests an apparently wholesome food item and makes a good faith donation of the food item to a charitable or nonprofit organization or to any other person is entitled to the same exemption from civil liability as discussed in the preceding sentence.

The food item must be intended for human consumption and meet all applicable quality and labeling standards. The nonfood grocery product must meet all applicable quality and labeling standards.

If the food item or nonfood grocery product does not comply with all quality and labeling standards imposed by law, the donor must so inform the charitable or nonprofit organization, and the organization must agree to recondition the donation to comply with those standards before its distribution.

There also are exemptions from civil liability applicable to charitable and nonprofit organizations, and their officers, employees and volunteers, that in good faith receive and distribute without charge apparently wholesome food items or apparently fit nonfood grocery products, or reconditioned food items or nonfood grocery products in accordance with all applicable quality and labeling standards.