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Helping at the Scene

N.D.C.C. § 39-08-04.1 — an unpaid volunteer giving emergency care in good faith is not liable

An unpaid volunteer who in good faith gives emergency care at or near an accident, disaster or other emergency, or on the way to treatment, is not liable to the person helped for resulting damages. That protection does not cover intoxication, willful misconduct, gross negligence, or care given for pay.

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Someone who gives aid to a person injured or ill in an accident or illness may not be held liable in a personal injury action unless intentional misconduct or gross negligence is plainly alleged and proven.

Sources for this section (2)
  1. N.D.C.C. § 39-08-04.1 — Emergency care or services rendered - Liability
  2. N.D.C.C. § 32-03.1-02 — Actions barred

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

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