{"":null}
Emergency Law Inventory | Full Law Text

Law Number

Tex. Civ. Prac. & Rem. Code 74.151

Summary Title

Good Samaritan Law

Summary

An individual or volunteer first responder who, in good faith and without compensation, provides emergency care or uses an AED will not be held legally responsible for acting or for failing to act. They will be held legally responsible if acting with extreme carelessness, intent to cause harm, or carelessly caused the emergency. Generally, Good Samaritan laws only offer protection for those individuals who provide care during spontaneous emergencies unrelated to volunteer deployment.

Full Title

Liability for Emergency Care

Full Text

(a) A person who in good faith administers emergency care is not liable in civil damages for an act performed during the emergency unless the act is wilfully or wantonly negligent, including a person who: (1) administers emergency care using an automated external defibrillator; or (2) administers emergency care as a volunteer who is a first responder as the term is defined under Section 421.095, Government Code. (b) This section does not apply to care administered: (1) for or in expectation of remuneration, provided that being legally entitled to receive remuneration for the emergency care rendered shall not determine whether or not the care was administered for or in anticipation of remuneration; or (2) by a person who was at the scene of the emergency because he or a person he represents as an agent was soliciting business or seeking to perform a service for remuneration. [Deleted by Acts 2003, 78th Leg., ch. 204 (H.B. 4), § 10.01, effective September 1, 2003.] (e) Except as provided by this subsection, this section does not apply to a person whose negligent act or omission was a producing cause of the emergency for which care is being administered. This subsection does not apply to liability of a school district or district school officer or employee arising from an act or omission under a program or policy or procedure adopted under Subchapter O-1, Chapter 161, Health and Safety Code, other than liability arising from wilful or intentional misconduct.

Save as PDF Back to Laws