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society or any of its members. Section 5 of the Act further provides that the
Court must consider whether the respondent was acting heroically by
intervening in an emergency to assist an individual in danger. In Ireland,
section 51D of the Civil Law (Miscellaneous Provisions) Act 2011 provides
that a good Samaritan will not be liable in negligence for any act done in
emergency to help person in serious and imminent danger. In Australia,
protection to good Samaritan is provided in several states. In New South
Wales and Victoria, for instance, a good Samaritan is protected from personal
civil liability with respect to anything done in state of emergency or accident
by virtue of Civil Liability Act 2002 and Wrongs Act 1958 respectively. In
Canada, various states like Ontario, Alberta and British Columbia offer
protection to good Samaritans. In Ontario, the Good Samaritan Act 2001, by
Section 2 (1), provides that except for gross negligence, a person is not liable
for damages resulting from his acts during aid in emergency. Similar protection
is provided in states of Alberta, British Columbia and Nova Scotia by
Emergency Medical Aid Act, Good Samaritan Act and Volunteer Services Act
respectively. Similar protection to good Samaritans is to be found in different
states’ laws in the USA. States of Alabama, Alaska, Arizona, Arkansas,
California and New York, to name a few, provide that if a person lends
emergency assistance or service to another person in good faith, he is not
liable in civil damages with respect to his act or omission.
5. Accident cases require fastest care and rescue which could be provided
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