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An Tir Chirurgeons' Guild

State of Idaho
Good Samaritan Laws

Idaho Code §5-330 (1999)(Gen. Stat.)
Idaho Code §39-7113 (1948)


TITLE 5
PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD
CHAPTER 3
PARTIES TO ACTIONS

5-330. IMMUNITY OF PERSONS GIVING FIRST AID FROM DAMAGE CLAIM.

That no action shall lie or be maintained for civil damages in any court of this state against any person or persons, or group of persons, who in good faith, being at, or stopping at the scene of an accident, offers and administers first aid or medical attention to any person or persons injured in such accident unless it can be shown that the person or persons offering or administering first aid, is guilty of gross negligence in the care or treatment of said injured person or persons or has treated them in a grossly negligent manner. The immunity described herein shall cease upon delivery of the injured person to either a generally recognized hospital for treatment of ill or injured persons, or upon assumption of treatment in the office or facility of any person undertaking to treat said injured person or persons, or upon delivery of said injured person or persons into custody of an ambulance attendant.


TITLE 39
HEALTH AND SAFETY
CHAPTER 71
HAZARDOUS SUBSTANCE EMERGENCY RESPONSE ACT

39-7113. PERSONS RENDERING ASSISTANCE RELATING TO HAZARDOUS SUBSTANCE INCIDENTS -- GOOD SAMARITAN LIMITED IMMUNITY.
  1. Consistent with the provisions of subsections (2) and (3) of this section:

    1. The state shall be liable for the acts or omissions of the state emergency response teams responding to a hazardous substance incident.

    2. The designating or requesting city or county shall be liable for the acts or omissions of a local emergency response authority responding to a hazardous substance incident within its jurisdiction.

  2. Notwithstanding any provision of law to the contrary, any state emergency response team, local emergency response authority or other person who responds to a hazardous substance incident at the request of an incident commander shall not be subject to civil liability for assistance or advice, except as provided in subsection (3) of this section.

  3. The exemption from civil liability provided in this section shall not apply to:
    1. An act or omission that caused in whole or in part such hazardous substance incident or a person who may otherwise be liable therefor; or
    2. Any person who has acted in a grossly negligent, reckless, or intentional manner.

  4. Nothing in this section shall be construed to abrogate or limit the immunity granted to governmental entities pursuant to chapter 9, title 6, Idaho Code.

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