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Negligence, Responsibility, And The Clumsy Samaritan: Is There A Fairness Rationale For The Good Samaritan Immunity?, Dov A. Waisman

Dov A Waisman

The Good Samaritan immunity has been roundly criticized for failing in its stated goal of encouraging physicians and laypersons to volunteer assistance in emergencies. Yet in the half century since its inception, the immunity has been adopted in one form or another by all fifty states and shows no sign of disappearing any time soon. This Article represents the first serious attempt in the literature to evaluate a rarely-discussed rationale for the immunity which may explain its persistence: that it is unfair to impose negligence liability on the clumsy Samaritan, i.e., someone who, without obligation, altruistically comes to the aid …