A law should be introduced outlining the duty of care of good Samaritans and volunteers, and the limits to their liability for negligence, according to the Law Reform Commission. This would mean a person who caused an injury in the course of giving assistance to someone in an emergency could not be sued unless he or she was grossly negligent, writes Carol Coulter, Legal Affairs Editor
The proposal comes in a consultation paper launched last night by Attorney General Paul Gallagher. The previous attorney general, Rory Brady, asked the commission to examine the matter following a debate in the Dáil in December 2005 on a Private Members' Bill, the Good Samaritan Bill, 2005.
This was prompted by concern about sudden cardiac death syndrome, following the deaths of a number of young people from heart attacks.
A taskforce was set up to examine this problem, which reported in 2006. One of its recommendations was the widespread availability of defibrillators in public places and the training of healthcare professionals, occupational first aiders and members of the public in their use.
It highlighted the need to clarify the legal position of those responding to emergency situations, and recommended rescuers be protected from any possible litigation. The 2007 Report of the Task Force on Active Citizenship, published earlier this year, also raised as one issue the liability of those involved in volunteering.
However, in its report the Law Reform Commission said it was unaware of any litigation in Ireland arising out of the actions of good Samaritans (those who come to the aid of others in emergencies or need), or of volunteers. Nonetheless, the commission considered there should be a law clarifying the position of good Samaritans, volunteers and voluntary organisations.
The Attorney General had also asked the LRC to examine whether there should be a positive duty on citizens, members of the caring professions or off-duty members of the Garda Síochána and the Defence Forces to intervene to assist an injured or suddenly ill person. The commission concluded that there should not be such a positive duty, and felt it would not increase the level of volunteering.
The proposed law protecting good Samaritans and members of volunteering organisations would balance the right of a person to seek redress if they or their property were injured by the actions of another with protection for those attempting to come to another person's aid in good faith.
After examining the law in a number of other common law jurisdictions, the commission said the standard of liability that should apply is that of "gross negligence".