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Aircraft Good Samaritan law

topic posted Wed, October 12, 2005 - 2:53 PM by  Jay
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Hi folks,

Just as an FYI, there is a federal law that provides for Good Samaritan immunity for emergency medical care rendered on an aircraft by fellow passengers (at least on domestic flights). See below.

Best regards,

Jay Wiseman, JD

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49 USC 44701
"Sec. 5. Limitations on Liability.

"(a) Liability of air carriers.--An air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the performance of the air carrier in obtaining or attempting to obtain the assistance of a passenger in an in-flight medical emergency, or out of the acts or omissions of the passenger rendering the assistance, if the passenger is not an employee or agent of the carrier and the carrier in good faith believes that the passenger is a medically qualified individual.

"(b) Liability of individuals.--An individual shall not be liable for damages in any action brought in a Federal or State court arising out of the acts or omissions of the individual in providing or attempting to provide assistance in the case of an in-flight medical emergency unless the individual, while rendering such assistance, is guilty of gross negligence or willful misconduct.
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Jay
offline Jay
SF Bay Area
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