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It's the Law: Indiana Good Samaritans are protected from civil liability

It's the Law: Indiana Good Samaritans are protected from civil liability
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The Times is doing a series of articles highlighting common laws and rules. Today, we examine Indiana's Good Samaritan law. To suggest a law for The Times to highlight, contact the writer.

Indiana law generally does not require people to be Good Samaritans, but it does protect those who help a fellow citizen in need.

The law states that a person who comes upon the scene of an emergency or accident and who "in good faith, gratuitously renders emergency care ... is immune from civil liability for any personal injury that results ... ."

Porter County Prosecutor Brian Gensel said the law is designed to let people do the right thing without fear of being sued.

"People don't want to be sued for getting involved and trying to help somebody," Gensel said.

"If the actions of a Good Samaritan are reasonable under the circumstances, this statute would protect them from civil liability."

The protection stands unless the Good Samaritan's actions amount to "gross negligence or willful or wanton misconduct," the law states.

Although people are generally protected if they get involved, Indiana law generally does not require people to do things like save a drowning person, perform CPR on a person who has collapsed or pull a person from a burning car. And people who have information that could help solve a crime are not required to come forward.

Still, Gensel said the law does require people who know of or witness abuse to a child or elderly person to report it to law enforcement. And people who are ordered to assist a police officer can be charged with refusal to aid an officer.

Fortunately, Gensel said, many people feel a moral obligation to be Good Samaritans even if there is not a legal obligation.

Copyright 2012 nwitimes.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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