Page 3 - Supreme Court Good Samaritan Statutory Force of GOI - 12 May 2015
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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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