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Emergency Law Inventory | Full Law Text

Law Number

S.D. Codified Laws 20-9-4.1

Summary Title

Good Samaritan Law

Summary

An individual who, in good faith, provides necessary emergency care and services during an emergency situation, including by use of a motor vehicle, will not be held legally responsible for acting or for failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm. Generally, Good Samaritan laws only offer protection for those individuals who provide care during spontaneous emergencies unrelated to volunteer deployment.

Full Title

General immunity from liability for emergency care — Exceptions

Full Text

No peace officer, conservation officer, member of any fire department, police department and their first aid, rescue or emergency squad, or any citizen acting as such as a volunteer, or any other person is liable for any civil damages as a result of their acts of commission or omission arising out of and in the course of their rendering in good faith, any emergency care and services during an emergency which is in their judgment indicated and necessary at the time. Such relief from liability for civil damages extends to the operation of any motor vehicle in connection with any such care or services. Nothing in this section grants any relief to any person causing any damage by his willful, wanton or reckless act of commission or omission.

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