Idaho Code
Idaho Code

Idaho Code § 5-330 (2026)

Immunity of persons giving emergency first aid from damage claim. 

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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Immunity of persons giving emergency 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 and without compensation, being at, or stopping at the scene of an accident or emergency, including a mental health or suicidal crisis, offers and administers emergency first aid, emergency medical attention, or emergency psychological attention, including responding to suicidal thoughts, to any person or persons injured in such accident or emergency unless it can be shown that the person or persons offering or administering emergency first aid, emergency medical attention, or emergency psychological attention 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.

Notes of Decisions
Cited in 4 cases, 1986–2016 · leading case: Jones v. City of St. Maries, 727 P.2d 1161 (Idaho 1986).
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Jones v. City of St. Maries, 727 P.2d 1161 (Idaho 1986). · cites it 8× “If we look to legislative intent, how do we view legislative intent as demonstrated in I.C. § 5-330, abolishing, at least in part, traditional good samaritan liability.”
Carter v. Reese (Slip Opinion), 2016-Ohio-5569, 70 N.E.3d 478. · cites it 2× “” See Idaho Code Ann. 5-330 (“That no action shall lie or be maintained for civil 8 January Term, 2016 damages * * * against any person * * * who * * *, being at, or stopping at the scene of an accident, offers and administers first aid or medical attention * * *); N.”
Certification of a Question of Law, 2010 S.D. 16, 779 N.W.2d 158. “[4] Idaho Code 5-330; Iowa Code Ann. 613.17; Md.”
Gronseth v. Chester Rural Fire Prot. Dist., 2010 S.D. 16, 779 N.W.2d 158. “Idaho Code 5-330; Iowa Code Ann. 613.17; Md.”
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