TL;DR
- Montana’s Good Samaritan Law protects people who voluntarily provide emergency care in good faith from civil liability.
- Protection applies when help is given voluntarily, without expectation of payment, and without gross negligence or reckless conduct.
- In Montana’s rural and remote areas, bystander assistance can be life-saving — the law is designed to encourage people to help without fear.
- The law does not protect trained professionals acting within their formal role, and gross negligence is not covered.
When you witness a car crash on I-90, a fall on a hiking trail, or a medical emergency at a ski lodge, your instinct might be to help. But many Montanans hesitate, worried they might be sued if something goes wrong. That’s where Montana’s Good Samaritan Law comes into play.
Contact Dermer Law today for a free consultation.
What Is a Good Samaritan Law?
Good Samaritan laws are designed to protect people who voluntarily help others in emergencies. These laws vary by state, but the general idea is the same: if you’re trying to help in good faith and you’re not acting recklessly, you can’t be held legally responsible if things don’t go perfectly.
In Montana, this protection is especially important in rural or outdoor areas where emergency response may be delayed and bystander help could make a life-or-death difference.
What Does Montana’s Good Samaritan Law Say?
Montana Code Annotated § 27-1-714 provides immunity from civil liability to anyone who renders emergency care at the scene of an accident or emergency, as long as:
- The person is acting voluntarily and in good faith
- The care is provided without expectation of compensation
- The aid isn’t grossly negligent or reckless
This means that if you stop to help someone injured in a car accident or administer CPR during a medical emergency, you’re generally protected from being sued—even if the outcome isn’t perfect.
Who Is Covered Under the Law?
Montana’s Good Samaritan Law protects a wide range of individuals, including:
- Bystanders and private citizens
- Off-duty medical professionals
- First aid-trained individuals offering help outside a professional setting
It also applies to aid given in public spaces, on highways, trails, or even at private events—as long as it’s a true emergency and the help is voluntary.
What the Law Does Not Protect
While Montana’s Good Samaritan Law offers broad protection, there are important limitations. You are not protected from liability if:
- You acted with gross negligence or intentional harm
- You expected payment or some form of compensation
- You were responsible for creating the dangerous situation in the first place
For example, if you caused a car crash and then tried to help the person you injured, the protection might not apply. Or if you performed a medical procedure you weren’t qualified to do, the court could find you acted recklessly.
Can You Be Sued for Helping?
In rare cases, yes—but that doesn’t mean a lawsuit will succeed. To overcome Good Samaritan protection, a plaintiff would have to prove that you acted recklessly or caused further harm through gross negligence.
That’s a high bar to meet under Montana law, and most well-intentioned bystanders who provide basic emergency assistance will not face legal consequences.
Why This Law Matters in Montana
Montana’s landscape and lifestyle mean help is often needed far from city centers. Whether you’re driving in a snowstorm, hiking in the mountains, or passing a crash on a rural road, you may be the first person on the scene. The Good Samaritan Law encourages people to help without worrying about being sued.
It’s especially relevant for outdoor guides, ski patrol members off duty, ranchers, and everyday citizens who are often closest to emergencies in remote areas.
Tips for Offering Help Safely
If you choose to help in an emergency, here are a few ways to protect yourself and others:
- Only provide aid within your training or comfort level
- Call 911 as soon as possible
- Don’t move someone with a possible neck or spine injury unless absolutely necessary
- Use verbal reassurance and calm communication
- Stay until professional help arrives if it’s safe to do so
What If You’re Injured While Helping?
If you’re hurt while trying to help someone else, you may have the right to seek compensation depending on the circumstances. For example, if you were assisting at the scene of a truck accident and were struck by another driver, you may have a valid personal injury claim.
These cases are fact-specific, and it’s best to speak with an attorney to understand your rights.
Frequently Asked Questions
What does Montana's Good Samaritan Law protect?
Montana Code Annotated 27-1-714 protects individuals who render emergency care at the scene of an accident or emergency, as long as the assistance is provided voluntarily, in good faith, without expectation of compensation, and without gross negligence or recklessness. If you stop to help at a car accident, administer CPR, or assist someone injured on a trail, this law generally shields you from civil liability even if the outcome is not perfect.
Does Montana's Good Samaritan Law cover medical professionals?
The Good Samaritan Law generally applies to volunteers acting outside of their professional capacity. If a doctor or nurse stops to help at an accident scene on their own initiative and without compensation, they may be protected. However, if a healthcare professional is acting within the scope of their employment — for example, responding to an in-hospital emergency — different rules may apply. An attorney can evaluate the specific circumstances.
What is the difference between ordinary negligence and gross negligence under Montana's Good Samaritan Law?
Ordinary negligence means failing to act with the care a reasonable person would use under similar circumstances. Gross negligence involves a much higher degree of carelessness — a reckless disregard for the safety of others that goes beyond simple mistakes. Montana’s Good Samaritan Law protects ordinary negligence in emergency responses but does not protect against gross negligence or intentional misconduct.
Can I be sued if someone I tried to help was injured despite my assistance?
Generally no, as long as your assistance was voluntary, made in good faith, given without compensation, and did not involve gross negligence or recklessness. Montana’s Good Samaritan Law provides a legal defense in civil lawsuits. However, if someone claims your actions were grossly negligent or reckless, the case may proceed. Consulting an attorney if you face a lawsuit after providing emergency help is recommended.
How Dermer Law Supports First Responders and Good Samaritans
At Dermer Law, we support the people who step up in emergencies. Whether you’re a bystander injured while helping or someone who’s facing legal questions after offering aid, we’re here to help.
We understand Montana’s Good Samaritan protections and can advise you on your legal standing if you acted in good faith during a crisis.
Contact Dermer Law for a Free Consultation
If you’ve helped during an emergency and now have legal concerns—or if you were injured while stepping in—reach out to Dermer Law. We offer free consultations to help you understand your rights under Montana law.
Give us a call to get started today.
