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  • Home
  • About Us
    • Attorneys
      • James R. Winkler
      • Richard D. Winkler
      • Jason W. Hake
      • Lindsey M. Albinski
      • Janet L. O’Hanlon
      • David S. Pollack
      • Daniel E. Brickley
  • Practice Areas
    • Personal Injury
      • Motor Vehicle Accidents
        • Long Island Car Accidents
        • Trucking Accidents
        • Motorcycle Accidents
        • Pedestrian Accidents
        • Serious Injuries
      • Workplace Injuries
        • Scaffolding and Ladder Falls
        • Struck By Object
        • Machinery / Equipment Injuries
        • Construction Accidents
      • Medical Malpractice
        • Birth Injuries
        • Brain Injuries
        • Misdiagnosis
        • Wrongful Death
        • Surgical Errors
        • Hospital Negligence
        • Failure to Diagnose
      • Slip and Fall Injuries
      • Wrongful Death
    • Divorce & Family Law
      • Child Custody & Visitation
      • Divorce Mediation
      • Equitable Distribution
      • Child Support
      • Orders of Protection
      • Spousal Support
      • Divorce & Family Law FAQ
    • Wills Trusts & Estates
      • Estate Planning
      • Elder Law
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      • Estate Administration
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      • Wills & Trusts FAQ
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Good Samaritan Law New York State

Lawsuits are prevalent in today’s society. This can make members of the general public reluctant to try and save someone’s life in the event of a medical emergency because they are afraid of facing a lawsuit. This delay of care could mean the difference between life and death. In some emergencies, an injured person may not be capable of calling for help and may need the assistance of passing strangers. “Good Samaritan” laws are enacted to protect those that act in good faith to help others from undue penalties. Good Samaritan law in New York pertains to preventing an overdose death, resuscitating a person in public, or giving life-saving CPR in an emergency. If you offered assistance to an individual in need during a life-threatening situation and are facing a lawsuit or criminal charges for your actions, our team at Winkler Kurtz, LLP. is here to help! Continue reading to learn more about good Samaritan laws as it pertains to the state of New York.

What is Good Samaritan Law?Good Samaritan Law in New York

Before good samaritan laws, a person that acted in good faith to help another person could suffer criminal charges or liability. An example of this could be a drug user facing charges after calling 911 to report an overdose. Prior to good samaritan law in New York, a person who called 911 on behalf of someone experiencing an overdose would possibly face arrest for drug possession, drug use, or other drug-related charges. This possibility of facing legal penalties has installed fear and deterred many people from calling for help. 

What Does This Law Protect You From?

Everyone who seeks help for themselves or someone else during an overdose and the person that overdosed is protected under this law. These laws are meant to protect everyone who comes to aid an injured person for no reason other than kindness and those who do not expect a reward. The good Samaritan law protects you from the following:

  • Possession of controlled substances up to and including A2 felony offenses (under 8 ounces.)
  • Possession of marijuana. 
  • Possession of alcohol where underage drinking is involved. 
  • Sharing drugs and possession of drug paraphernalia

These laws do not protect you from A1 felony possession of controlled substances (8 or more ounces), the sale or intent to sell controlled substances, probation or parole violations, and open warrants for your arrest. These laws typically only help those that act without the expectation of reward, so paid rescuers are usually held accountable for any mistakes because they are expected to do their jobs correctly. In New York, public health laws also require public institutions and businesses like gyms to maintain automatic external defibrillators that can provide a shock to restart someone’s heart during an emergency. 

Importance of Good Samaritan Law

The good samaritan law in New York derives from the ancient parable of a Samaritan man stopping to help an injured traveler on the side of a road. A priest and Levite had already passed the man without stopping to help, and the Samaritan stopped and carried the injured man to the nearest town and paid for his car. Good samaritan laws are meant to empower average citizens to save lives without fear of any legal ramifications. To be considered a good samaritan, an individual must act in good faith to provide emergency assistance or save someone’s life until paramedics arrive on the scene. 

Contact Winkler Kurtz, LLP

If you or someone you know has concerns about the aftermath of reporting an overdose, or if you are facing criminal charges after calling 911 for an overdose under the good samaritan law, our experienced attorneys at Winkler Kurtz, LLP can examine your situation closely and help you understand your rights to this law. To learn more about good samaritan law in New York or to schedule a consultation, contact us today!

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Client Testimonials

I cannot say enough about Rich and his staff. Everyone was more than accommodating from day one. You are treated like you matter, and not just another case for their firm. Rich offers advice every step of the way to get the most out of your case while still letting YOU choose which options are best. Coming from someone who has dealt with other attorneys, none compare to Mr. Winkler. His knowledge, and attitude are second to none. I would recommend Rich to anyone with an accident case. Believe me, you are in good hands. Thank you Rich and staff. Could not have asked for more!!

- Rob Pearsall

To Whom It May Concern, I’m a union painter and was badly hurt when I was involved in a workplace accident on a job site in Manhattan. I hired Richard Winkler to represent me and they have been great. He and his staff keep me informed and are making sure that I can continue to be able to feed my family and to keep everything going, they are on my side no doubt about it. Needless to say this didn’t go unnoticed to my family. Visiting the office was always a positive experience both welcoming and professional. I would recommend this firm to anyone in need of caring compassionate legal representation.

- Michael Brunner

Winkler Kurtz LLP is an amazingly knowledgeable and professional law firm. The staff is extremely intelligent and personable. With great guidance will support you through each step of your case and treat you with personal attention. Highly recommend this law firm – they go out of their way to make you a winner!

- Elissa Rand

The experience that I got from Richard Winkler was absolutely the best, In the beginning I was hesitant because you hear of bad stories about attorneys, but the turning point for me was when the most amazing, caring, person sat down and explained everything to me Mr. Winkler’s paralegal Dana Randazzo. This team answered all my phone calls handled all my paperwork in a quick manner there were never any surprises and they were on top of everything with the insurance companies and anything else associated to my case I highly recommend this law firm to anyone you will not be disappointed and I just wanted to say thank you for all that you have done for me Mr Winkler!

- Anthony Detorre

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