What is the legal position of volunteer emergency workers?
Are there legal implications for those who come to the aid of sick and injured persons or those who collapse and required CPR the use of an Automated External Defibrillator?
In Ireland over the last number of years there has been an upsurge in the number of people who have learned CPR and a huge increase in the number of AED's that have become available to the public.
AED's are now found in businesses and clubs an increasingly in the heart of communities where they are available to bystanders to use should they see a person collapse. Irish legislation has come up to date in this manner with the enactment of the:
CIVIL LAW (MISCELLANEOUS PROVISIONS) ACT 2011
Part of this Act covers the intervention of Good Samaritans in the event of an illness or accident. Hopefully this information will take some of the fear away from citizens when it comes to intervening.
Here are some of the definitions included in the act, this is in no way comprehensive and is only intended to show the essence of the legislation, a link to the full act is included and further reading is strongly recommended.
| A Good Samaritan |
‘good samaritan’ means a person who, without expectation of payment or other reward, provides assistance, advice or care to another person in an emergency, but does not include a person who does so as a volunteer; |
| Protection |
51D.—(1) A good samaritan shall not be personally liable in negligence for any act done in an emergency when providing— or |
|
Protection of |
51E.—(1) A volunteer shall not be personally liable in negligence for any act done when carrying out voluntary work. |
| What is included? |
(a) the administration of first-aid to the person; (b) the treatment of the person using an automated external defibrillator; (c) the transportation of the person from the scene of an emergency to a hospital or other place for the purposes of ensuring the person receives medical care. |
CLICK HERE to to see a PDF of the full legislation.