HB 171: Good Samaritan’s Bill, 2015

Bill Analysis:

SHORT TITLE

Good Samaritan Bill, 2015

OBJECTIVE OF THE BILL

The objectives of the Bill are to:

• Provide for the protection of persons who render reasonable assistance during emergency situations occurring at places within federal jurisdiction;

NUMBER OF CLAUSES/PARTS

The Bill has 5 Clauses including citation

GENERAL CONTENT OF THE BILL

1. Immunity from Liability: A person who provides assistance to a consenting person at the scene of an emergency, whether medical or otherwise, without any form of pecuniary compensation or reward shall not be liable for any damages as a result of his acts or omissions while rendering the assistance, unless he acts in an unreasonable manner or his acts or omissions constitute gross, willful, wanton or reckless negligence or misconduct (Clause 1). This Clause shall not apply to a person that receives pecuniary compensation for rendering the assistance (Clause 1(3)).

Nothing contained in this Bill (when it becomes law) shall alter existing law with respect to the liability of a person rendering assistance during the ordinary course of his practice or employment.

Immunity from liability implied under Clause 1 does not extend to a person who intentionally caused or exacerbated the emergency.

For the purposes of this Bill (when it becomes law), the “scene of an emergency” shall be an area outside the confines of a hospital or other facility having appropriate healthcare facilities and equipment, including the office of a person licensed to practice medicine.

2. Scene of Emergency: - For the purposes of this Bill, the scene of emergency shall include: -

• Federal highways
• National parks
• Airports and on aircrafts
• Within Nigerian airspace
• Railway stations, rail tracks and on trains
• Ports declared by the National Assembly to be federal ports
• Mines and oil fields
• On Nigerian territorial waters
• Such inland waterways as may be designated by the National assembly to be an international waterway; and 
• The Federal Capital Territory

3. Presumption of Consent: -Where a person to whom an emergency assistance is being provided was in a condition that made him unable to give consent or in an unconsciousness state at the time of emergency, it shall be presumed that he consented to the assistance.

CONCLUDING NOTES

The Bill seeks to protect persons who render reasonable assistance during emergency situations occurring at places within federal jurisdiction and serve as a model to be adopted by States of the federation. For the purposes of the provisions of this Bill, an emergency situation should occur at locations listed under Clause 2. The Bill shall not however apply to any emergency situation that takes place within the confines of a hospital or location where licensed medical professionals are readily available.

The importance of this Bill cannot be over-emphasized; it will provide sense of security and confidence to people who voluntarily assist accident victims or persons who may find themselves in harm’s way with no hope of help in sight. However the Bill is not comprehensive enough as it omits the role of the Police; and is limited in the rights of the person who provides care at the scene of an emergency. The Bill needs to be reviewed in this respect before passage.

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