Can You Be Sued for Not Stopping to Help?
- Yellow Pages Admin
- 6 days ago
- 4 min read
An accident has happened and someone is hurt. Does Ontario law require you to help the injured person? If you do help, can you be sued if you cause further harm or fail to save the injured person?
It’s natural to want to assist in emergency situations, but it’s also natural to be hesitant about whether you should intervene. Many people have concerns about legal consequences and the possibility of being exposed to a lawsuit if they do (or don’t) step in.
In today’s article, our Oshawa law firm will discuss whether you have a legal responsibility to take action in an emergency situation. We’ll also discuss an Ontario law that can shield “Good Samaritans” who render assistance from personal liability.
Can You Get Sued if You Don’t Stop to Help?
The law in Ontario is that individuals are not legally obligated to provide assistance in an emergency. So, if you happen upon the scene of an accident or you’re a bystander when someone has a medical emergency, the general rule is that you are not legally compelled to offer first aid and you can’t be sued if you don’t stop to help.
Can You Face Other Legal Consequences if You Don’t Offer Help?
Yes. There is a very important exception that applies to motor vehicle accidents. If a vehicle you’re driving is directly or indirectly involved in a car accident, you’re required to “render all possible assistance.” That legal duty is imposed on drivers by section 200 of Ontario’s Highway Traffic Act. If you’re involved in a car accident and don’t stop to help a person who might be injured, it’s an offence under the Highway Traffic Act that can result in fines, demerit points, and the possible suspension of your driver’s licence.
For more serious motor vehicle accidents that involve injury or death, you may face criminal charges if you fail to stop and offer assistance. More specifically, if your vehicle has been involved in an accident and you fail to stop and offer assistance to any person who appears to be injured or appears to require assistance, you can be charged with a criminal offence under section 310.16 of the Criminal Code of Canada. If convicted, you could face serious penalties, including imprisonment.
Can You Be Sued if You Do Help and Cause Further Injury?
There is an Ontario law that protects you if you do step in to help an injured person. That law, called the Good Samaritan Act, 2001, S.O. 2001, c. 2, has been in force since 2001. The objective behind the legislation is to encourage people to provide emergency first aid assistance without fear of legal repercussions.
Ontario’s Good Samaritan Act, 2001 protects any ordinary citizen who, at the immediate scene of an accident or emergency, voluntarily provides emergency first aid services to any person who is ill, injured, or unconscious as a result of that accident or emergency, so long as they do so without expectation of compensation or reward.
It also protects any health care professional who voluntarily, without expectation of compensation or reward, provides emergency health care services or first aid assistance to any person who is ill, injured, or unconscious as a result of an accident or emergency. The health care services must be performed outside of a hospital or healthcare facility for the protection to apply.
If you are either an ordinary citizen or a health care professional and you step in to provide emergency aid, Ontario law specifically protects you from liability for damages that may result from your negligence in acting or your failure to act while providing the services. For example, if you happen upon a car accident as an innocent bystander and provide CPR to a critically injured person to the best of your ability, you can’t be sued if you inadvertently caused further harm to that person.
The major exception is that gross negligence is not protected from liability. Gross negligence refers to conduct that is far removed from what a reasonable person would have done in the circumstances. It goes beyond simple carelessness or negligence, instead involving an aspect of wilful misconduct, wanton disregard, or recklessness. If a person’s conduct as a would-be rescuer is alleged to be grossly negligent, they can be sued and will be fully liable for the resulting damages if gross negligence is established.
Consult with an Injury Lawyer at Our Oshawa Law Firm
Lindsay and Oshawa personal injury lawyers at Kelly Greenway Bruce can help if you or a loved one has suffered harm because of another’s negligence or wrongful conduct. You may be entitled to pursue compensation for your suffering, loss, medical bills, and more.
At Kelly Greenway Bruce, we’re experienced in cases involving car accidents, dog bites, defective products, brain injury and catastrophic impairment. A skilled injury lawyer at our Oshawa and Lindsay law firm can review your case, ensure your rights are preserved, and help you through the complicated legal process so you are fully compensated for your losses and injuries.
