Subdivision 1. Duty to assist. A person at the scene of an emergency who knows that another person is exposed to or has suffered grave physical harm shall, to the extent that the person can do so without danger or peril to self or others, give reasonable assistance to the exposed person. Reasonable assistance may include obtaining or attempting to obtain aid from law enforcement or medical personnel. A person who violates this subdivision is guilty of a petty misdemeanor.
Subd. 2. General immunity from liability. (a) A person who, without compensation or the expectation of compensation, renders emergency care, advice, or assistance at the scene of an emergency or during transit to a location where professional medical care can be rendered, is not liable for any civil damages as a result of acts or omissions by that person in rendering the emergency care, advice, or assistance, unless the person acts in a willful and wanton or reckless manner in providing the care, advice, or assistance. This subdivision does not apply to a person rendering emergency care, advice, or assistance during the course of regular employment, and receiving compensation or expecting to receive compensation for rendering the care, advice, or assistance.
(b) For the purposes of this section, the scene of an emergency is an area outside the confines of a hospital or other institution that has hospital facilities, or an office of a person licensed to practice one or more of the healing arts under chapter 147, 147A, 148, 150A, or 153. The scene of an emergency includes areas threatened by or exposed to spillage, seepage, fire, explosion, or other release of hazardous materials, and includes ski areas and trails.
(c) For the purposes of this section, "person" includes a public or private nonprofit volunteer firefighter, volunteer police officer, volunteer ambulance attendant, volunteer first provider of emergency medical services, volunteer ski patroller, and any partnership, corporation, association, or other entity.
(d) For the purposes of this section, "compensation" does not include payments, reimbursement for expenses, or pension benefits paid to members of volunteer organizations.
(e) For purposes of this section, "emergency care" includes providing emergency medical care by using or providing an automatic external defibrillator, unless the person on whom the device is to be used objects; or unless the person is rendering this care during the course of regular employment, the person is receiving or expects to receive compensation for rendering this care, and the usual and regular duties of the person include the provision of emergency medical care. "Automatic external defibrillator" means a medical device heart monitor and defibrillator that:
(1) has received approval of its premarket notification, filed pursuant to United States Code, title 21, section 360(k), from the United States Food and Drug Administration;
(2) is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia, and is capable of determining, without intervention by an operator, whether defibrillation should be performed; and
(3) upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual's heart.
1994 c 623 art 2 s 1; 1995 c 205 art 2 s 8; 1998 c 329 s 1; 2001 c 107 s 1
Structure Minnesota Statutes
Chapters 604 - 605 — Civil Actions
Chapter 604A — Civil Liability Limitations
Section 604A.01 — Good Samaritan Law.
Section 604A.015 — School Bus Driver Immunity From Liability.
Section 604A.02 — Aid To Shooting Victim.
Section 604A.03 — Hazardous Materials Response Incident Aid.
Section 604A.04 — Good Samaritan Overdose Prevention.
Section 604A.05 — Good Samaritan Overdose Medical Assistance.
Section 604A.06 — Aid To Sexual Assault Victims.
Section 604A.10 — Liability Of Food Donors.
Section 604A.12 — Livestock Activities; Immunity From Liability.
Section 604A.13 — Miscellaneous Volunteer And Charitable Activities.
Section 604A.21 — Recreational Land Use; Definitions.
Section 604A.22 — Owner's Duty Of Care Or Duty To Give Warnings.
Section 604A.23 — Owner's Liability.
Section 604A.24 — Liability; Leased Land, Water-filled Mine Pits; Municipal Power Agency Land.
Section 604A.25 — Owner's Liability; Not Limited.
Section 604A.26 — Land User's Liability.
Section 604A.27 — Dedication; Easement.
Section 604A.30 — Breath Alcohol Testing Device In Liquor Establishments.
Section 604A.301 — Limited Liability For Certain Nonprofit Treatment Facilities.
Section 604A.31 — Miscellaneous Public Benefit Or Function.
Section 604A.32 — Alternative Dispute Resolution Immunity.
Section 604A.33 — Reference Checks By Certain Health Care Providers And Facilities.