A GOOD Samaritans and Volunteers Bill will be recommended by the Law Reform Commission in a report to be launched this evening by the Attorney General, Paul Gallagher.
This follows a request from the Attorney General to examine whether people who intervene to help an injured person, or voluntary rescuers and other volunteers, might have civil liability for injuries a person sustained during their efforts.
Two significant developments had taken place to make the issue relevant: the roll-out of defibrillators in public places to prevent cardiac death, and the promotion of active citizenship by the Task Force on Active Citizenship.
There had also been a Dáil debate on a Private Members Bill, the Good Samaritan Bill 2005, which sought to protect from liability those who came to a person’s assistance. The Law Reform Commission published a consultation paper on the subject in November 2007, followed by a seminar last May, and has now published its final recommendations.
In the report it states that, despite the concerns raised in the Private Members Bill, it is unlikely that liability would arise in most situations, though a residual risk of litigation cannot be ruled out.
It also states that the commission is not currently aware of any claims against those involved in saving people’s lives or rescuing people in emergency situations.
It examines the common law duty of care as applied to good Samaritans, voluntary rescuers and voluntary service providers, and the law in this area in various common law jurisdictions. It concludes that it is appropriate to set out the duty and standards of care applicable to the different categories of people in legislative form, and publishes a draft Bill.
The proposed legislation should provide for a full defence against a civil liability claim for good Samaritans and volunteer rescuers, unless there is gross negligence, according to the commission. Such negligence would have to be of a very high level and involve a high degree of risk or likelihood of injury. This is similar to laws in place in other countries, for example, the US, Canada, Australia and New Zealand, it says.
In relation to ordinary volunteering and service provision, it states that, while the relevant organisations would have to comply with the normal rules of civil liability, meaning they would have to take reasonable care in all the circumstances, they should be able to argue that they should not be liable if it were not just and reasonable in all the circumstances.