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Duty to Assist and Good Samaritan Protections

Now we turn to some laws regarding bystanders.  A bystander is someone who sees or witnesses something that is happening.  In this case we are talking about when someone has been or is in the process of getting hurt.

Generally speaking, Illinois law does NOT require an unrelated bystander to intervene in an emergency, unless they have a special relationship to the victim.

But, the “duty to rescue” derives from circumstances such as:

A rabbit kit is cradled in a rescuer's hands

  • If you were the cause of the accident, danger, or emergency

  • A driver’s responsibility for passengers

  • A property owner’s responsibility for guests on the property

  • A trusted caring relationship, such as parent, guardian, teacher or nurse

So, for example, if you are involved in a car accident with injuries in Illinois, you must render aid, as you are no longer just a bystander. 

If you do provide emergency help in Illinois, you have an obligation under Illinois law to do so reasonably, in which case you are protected from most civil liability under Illinois’ Good Samaritan Act.

The Good Samaritan Act protects people who provide free or no fee emergency assistance from negligence claims so long as no wilful or wanton misconduct occurs. 

The law explicitly applies to trained professionals such as Emergency Medical Technicians, doctors, nurses, and other specialists, certified trained individuals providing CPR and First Aid, and uncertified members of the general public providing choking assistance or using an AED device.

Ready to move forward in the course?

First, tap or click the check mark button in the center windowsill.

Next, tap or click the Next Lesson right arrow in the right windowsill.

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Ready to move forward in the course?

First, tap or click the check mark button in the center windowsill.

Next, tap or click the Next Lesson right arrow in the right windowsill.

Arrow images pointing out the check mark button in the bottom center of the right reading pane's lower frame or windowsill, which should be marked first, then second to tap or click the Next Lesson button in the right windowsill.