La loi vos droits

Other Infosheets - Civil Responsibility in Quebec

The Responsibility of Someone Who Comes to the Rescue of a Fellow Citizen

As members of society, most citizens feel a certain social obligation to help someone in danger. In an emergency situation, sometimes a rescuer or “good Samaritan” may actually hurt the person he is trying to save. In other cases, the rescuer himself may suffer an injury.

In this Infosheet, Éducaloi explains the obligation to help another person in trouble, and under what circumstances a “good Samaritan” can be held responsible for what they do when helping someone.

Do I have an obligation to help someone who is in danger?

Generally, yes. The law requires citizens to help someone whose life is in danger. This applies to drivers involved in road accidents and anyone who witnesses a situation requiring quick intervention to prevent tragic consequences.

Imagine that your neighbour suffers a heart attack and suddenly collapses on his lawn. You must help him by calling an ambulance and helping out in other ways if you able to and know what to do.

You are respecting your duty to provide assistance when you personally offer any physical help required immediately or when you get help by calling the police, fire department or an ambulance.

Take note! You are not obliged to provide assistance at any cost! You do not have to come to the rescue if it involves risking your life or the lives of others, or if you have another good reason.

Let's say that you arrive at the scene of an accident where there are dozens of victims. After contacting emergency services, you help the victims in the most difficulty. In theory, the injuries you didn’t have the time to tend to will not be your responsibility.

Here is another example: you see a car plunge into a river. If you don’t know how to swim, you are not obliged to try to save the driver by diving into the water. But you still have to call for help right away.

If I cause damage while helping out during an emergency, can I be held responsible?

The law states that a person who helps someone in danger cannot be held responsible for the harm caused by their actions. This rule is called the “good Samaritan” defence.

But be careful! This defence cannot be used if the harm resulted from an intentional fault or gross negligence.

• A person commits an intentional fault when he intends to harm or cause injury to someone. For example, if you delayed your call for help because you disliked the victim and your actions prolonged the victim’s suffering, this might be considered intentional fault.
  
• A person commits gross negligence if his conduct demonstrates recklessness, carelessness or negligence toward others. For example, if, in an effort to save someone’s life, you cause injuries that easily could have been anticipated, this might be considered gross negligence.

What type of conduct is expected of a rescuer (good Samaritan)?

A rescuer is expected to intervene when necessary and to use whatever reasonable means are available to deal with the situation.

If there is no chance of successfully dealing with the situation and the good Samaritan intervenes anyways, this would be considered to be reckless. The rule is this: the rescuer must be neither too rash nor too careless. Otherwise, he could make a difficult situation worse.

However, the courts will overlook damage caused by accident. For example, if you try to help someone by giving her CPR, and you break two ribs, the courts cannot hold you liable for this unfortunate incident.

The courts are not as understanding when the damages are caused by the rescuer's recklessness.

I suffered harm while helping someone. Am I entitled to compensation?

Yes. There is a compensation plan for people who suffer damage while performing acts of good citizenship. The plan was implemented by the government under the Act to promote good citizenship. It provides some compensation for rescuers who, in a non-professional capacity, provide assistance when they have reasonable grounds to believe someone's life or physical integrity is in danger.

Aside from this compensation, you also have a right to sue the person responsible for your injury to recover losses not covered by the compensation plan.

What types of damages are compensated under the Act to promote good citizenship?

The Act provides compensation for the following:

• bodily injury
  
• damages to property (not exceeding $ 1,000 dollars)
  
• death

Do I automatically qualify for compensation under the Act to promote good citizenship?

No. Compensation under the Act to promote good citizenship is available only if you aren’t eligible for compensation under another Quebec law, such as:

• The Act respecting industrial accidents and occupational diseases
  
• The Crime Victims Compensation Act
  
• The Automobile Insurance Act

If I die while trying to save someone, is my family entitled to compensation under the Act to promote good citizenship?

Yes. The law states that if a rescuer dies, his dependants are entitled to benefits.

The term “dependant” includes married and common-law spouses, children under 18 and adult children attending an educational institution.

Is there a time limit to apply for compensation?

Yes. Claims must be filed within a year of the rescuer’s injury or death.

When claiming funeral costs, you must file your claim in the year the expenses were paid.

If you don’t file a claim within the required period, the law presumes that you have given up your right to compensation.