§ 8332. Emergency response provider and bystander good Samaritan civil immunity.
(a) General rule.--Any person, including an emergency response provider, whether or not trained to practice
medicine, who in good faith renders emergency care, treatment, first aid or rescue
at the scene of an emergency event or crime or who moves the person receiving such
care, first aid or rescue to a hospital or other place of medical care shall not be
liable for any civil damages as a result of rendering such care, except in any act
or omission intentionally designed to harm or any grossly negligent acts or omissions
which result in harm to the person receiving emergency care or being moved to a hospital
or other place of medical care.
(b) Exceptions.--(Deleted by amendment).
(b.1) Injured police animals.--A person, including an emergency response provider, whether trained to practice medicine,
who, in good faith, renders emergency care, treatment, first aid or rescue to an injured
police animal at the scene of an emergency event or crime or who moves an injured
police animal receiving emergency care, treatment, first aid or rescue to a hospital
or other place of medical care shall not be liable for any civil damages as a result
of rendering aid, except in an act or omission intentionally designed to harm or any
grossly negligent acts or omissions which result in harm to the police animal receiving
emergency care, treatment, first aid or rescue or while being moved to a hospital
or other place of medical care.
(c) Exception.--This section shall not relieve a driver of a vehicle, including an ambulance or other
emergency rescue vehicle, from liability arising from an operation or use of such
vehicle pursuant to subsection (a).
(d) Definition.--(Deleted by amendment).
(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given
to them in this subsection unless the context clearly indicates otherwise:
"Emergency response provider." The term includes Federal, State and local emergency public safety, law enforcement,
emergency response, emergency medical services personnel, response teams, agencies
and authorities. The term does not include hospital emergency facilities and related
personnel.
"Police animals." As defined in 18 Pa.C.S. § 5531 (relating to definitions).
(July 1, 1978, P.L.697, No.122, eff. 60 days; July 5, 2012, P.L.1081, No.125, eff.
60 days; July 11, 2022, P.L.719, No.60, eff. 60 days)
2022 Amendment. Act 60 added subsecs. (b.1) and (e) and deleted subsec. (d).
Cross References. Section 8332 is referred to in sections 5503, 7217 of Title 35 (Health and Safety).
Notes of Decisions
Christy v. Cranberry Volunteer Ambulance Corps, Inc., 856 A.2d 43 (Pa. 2004).
· cites it 2× “9 (citing 42 Pa.C.S. § 8332). *413 The landscape regarding the criteria for establishing local agency immunity changed while the matter sub judice was pending on appeal.”
Flood v. Silfies, 933 A.2d 1072 (Pa. Commw. Ct. 2007).
· cites it 2× “§§ 6921-6938 (the EMSA), or the non-medical good Samaritan civil immunity provision of 42 Pa.C.S. § 8332, because Appellants failed to plead the gross negligence required to overcome the immunity afforded under those provisions.”
Kmart Corp. v. Workers' Comp. Appeal Bd., 748 A.2d 660 (Pa. 2000).
“Although not implicated in this case, 42 Pa.C.S. § 8332, entitled “Nonmedical good Samaritan civil immunity”, protects a person who rescues another or renders emergency care from civil liability for acts or omissions resulting in harm to the victim.”
Unitrin Direct Ins. Co. v. Esposito, 280 F. Supp. 3d 666 (E.D. Pa. 2017).
“person ... who in good faith renders emergency care, treatment, first aid or rescue at the scene of an emergency .”
Scrima v. Swissvale Area Emergency Serv., 599 A.2d 301 (Pa. Commw. Ct. 1991).
· cites it 2× “42 Pa.C.S. § 8332. Civil immunity is extended to non-medical emergency care providers as follows: (a) General rule.”
Peak v. Petrovitch, 636 A.2d 1248 (Pa. Commw. Ct. 1994).
“” They analogize this situation to the Good Samaritan statute found at 42 Pa.C.S. § 8332 where a good Samaritan can be held liable if grossly negligent in his efforts to aid another.”
Kleinknecht v. Gettysburg Coll., 786 F. Supp. 449 (M.D. Penn. 1992).
· cites it 2× “Based upon the foregoing, we have no occasion to consider the defendant's argument that the Good Samaritan Law, 42 Pa.C.S. § 8332(a), applies here. We have reviewed the arguments of the parties, however, and we conclude that the Law could not apply to Janczyk or Anderson because…”
Lamarr, D. v. Delaware Cnty. Mem'l Hosp. (Pa. Super. Ct. 2023).
· cites it 5× “____________________________________________ 4 See 42 Pa.C.S. § 8332. -3- J-A21037-22 During the week prior to the event at issue, Decedent complained of pain in his right leg due to a flare-up of gout.”
— 42 Pa. Cons. Stat. § 8332(a) — 3 cases
Kleinknecht v. Gettysburg Coll., 786 F. Supp. 449 (M.D. Penn. 1992).
“Based upon the foregoing, we have no occasion to consider the defendant's argument that the Good Samaritan Law, 42 Pa.C.S. § 8332(a), applies here. We have reviewed the arguments of the parties, however, and we conclude that the Law could not apply to Janczyk or Anderson because…”
Lamarr, D. v. Delaware Cnty. Mem'l Hosp. (Pa. Super. Ct. 2023).
“____________________________________________ 4 See 42 Pa.C.S. § 8332. -3- J-A21037-22 During the week prior to the event at issue, Decedent complained of pain in his right leg due to a flare-up of gout.”
— 42 Pa. Cons. Stat. § 8332(d) — 1 case
Lamarr, D. v. Delaware Cnty. Mem'l Hosp. (Pa. Super. Ct. 2023).
“____________________________________________ 4 See 42 Pa.C.S. § 8332. -3- J-A21037-22 During the week prior to the event at issue, Decedent complained of pain in his right leg due to a flare-up of gout.”
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