Civil Liability Act 2002 No 22
Current version for 3 June 2013 to date (accessed 20 December 2014 at 23:16)
Part 8

Part 8 Good samaritans

55   Application of Part

(1)  This Part applies to civil liability of any kind.
(2)  This Part does not apply to civil liability that is excluded from the operation of this Part by section 3B.

56   Who is a good samaritan

For the purposes of this Part, a good samaritan is a person who, in good faith and without expectation of payment or other reward, comes to the assistance of a person who is apparently injured or at risk of being injured.

57   Protection of good samaritans

(1)  A good samaritan does not incur any personal civil liability in respect of any act or omission done or made by the good samaritan in an emergency when assisting a person who is apparently injured or at risk of being injured.
(2)  This section does not affect the vicarious liability of any other person for the acts or omissions of the good samaritan.

58   Exclusion from protection

(1)  The protection from personal liability conferred by this Part does not apply if it is the good samaritan’s intentional or negligent act or omission that caused the injury or risk of injury in respect of which the good samaritan first comes to the assistance of the person.
(2)  The protection from personal liability conferred by this Part in respect of an act or omission does not apply if:
(a)  the ability of the good samaritan to exercise reasonable care and skill was significantly impaired by reason of the good samaritan being under the influence of alcohol or a drug voluntarily consumed (whether or not it was consumed for medication), and
(b)  the good samaritan failed to exercise reasonable care and skill in connection with the act or omission.
(3)  This Part does not confer protection from personal liability on a person in respect of any act or omission done or made while the person is impersonating a health care or emergency services worker or a police officer or is otherwise falsely representing that the person has skills or expertise in connection with the rendering of emergency assistance.
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