North Carolina Basic Law Enforcement Training (BLET) State Practice Exam

Under what circumstances is a person not liable for providing assistance according to the Good Samaritan law?

1. If they are a trained medical professional

2. If the victim did not ask for help

3. If they are acting in good faith

4. If they have insurance coverage

The correct answer is: If they are acting in good faith

The Good Samaritan law is designed to encourage individuals to provide assistance in emergency situations by offering legal protection against liability, as long as the person acts in good faith. This means that if someone intervenes in a situation to help another individual, and they do so sincerely and without malicious intent, they typically will not be held liable for any unintended consequences resulting from their help. The rationale is that society benefits when individuals take action to assist others in dire situations, rather than remaining passive out of fear of legal repercussions. When a trained medical professional assists in an emergency, for example, they may have a higher standard of care expected of them, but this does not negate the protections afforded by the Good Samaritan law as long as their actions are still in good faith. If a victim does not explicitly ask for help, it does not automatically negate the protections if the assistance is intended to help them. Moreover, having insurance coverage does not typically play a role in the applicability of the Good Samaritan law, as the intent and actions taken during the emergency are what determine liability. Thus, acting in good faith is a fundamental condition for immunity under the law.