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Helping At The Scene

Pub. Health Law § 3000-a — no liability for unpaid emergency aid, short of gross negligence

In New York, the public health law protects a person who voluntarily, and without expecting payment, gives first aid or emergency treatment at the scene of an accident or other emergency outside a hospital, doctor's office or other place with proper medical equipment.

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Gross negligence is the line. That person is not liable for damages for injury or death alleged to result from an act or omission in giving the emergency treatment, unless the injury or death was caused by gross negligence.

Professionals at work. The protection does not relieve a licensed physician, dentist, nurse, physical therapist or physician assistant of liability for professional services in the ordinary course of practice.

Defibrillators and epinephrine. A person or entity that makes resuscitation equipment, a defibrillator or an epinephrine device available as the law requires is not liable for its use by a volunteer giving emergency aid, though it stays liable for its own negligence.

The assumptionWhat the law actually does
The assumptionHelping a stranger invites a lawsuit for any mistakeWhat the law actually doesA volunteer is liable only for gross negligence
The assumptionThe protection covers a nurse at workWhat the law actually doesLicensed professionals giving care in the ordinary course of practice are not relieved

Whether anyone has a duty to help, and leaving the scene of an accident, are separate from this page. What a particular situation carries is a question for a licensed New York attorney.

Sources for this section (1)
  1. Pub. Health Law § 3000-a — Emergency medical treatment

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.

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