GOOD SAMARITAN LAW

GOOD SAMARITAN LAW

1.

Dr Fatimah Lateef asked the Deputy Prime Minister and Minister for Law whether there are plans to consider adopting a Good Samaritan law in Singapore and, if not, what are the reasons.

Prof. Jayakumar: There are no plans to enact such a law in the immediate future. "Good Samaritan" laws, adopted in other countries, broadly take two different forms. In some countries, such laws are intended to reduce bystanders' hesitation to render assistance because of significant liability concerns. In British Columbia (Canada) and Victoria (Australia), for example, laws have been enacted to grant statutory immunity from legal liability to persons who gratuitously offer aid to those who are injured or ill, for example, in an emergency situation. Other jurisdictions have a more aggressive approach. In Vermont (USA) and Rhode Island (USA), for example, "Good Samaritan" laws prescribe a positive legal requirement for citizens to assist people in distress, unless by so doing they would put themselves in danger.

In Singapore, in contrast to the US, there are no major liability concerns for helpful bystanders. Our laws strike the correct balance. With regard to civil liability, in law, the person who offers assistance need only comply with what is expected of a person of his skills and experience. An untrained person, for example, would not be held to the standard of a qualified doctor. A person who has acted reasonably and exercised due care would generally not be liable. As for criminal liability, that is generally premised upon the intent to cause harm or injury. A person who has acted reasonably and in good faith is unlikely to be held criminally liable.

In general, therefore, our law does not impede bystanders taking action to assist. Nor have we encountered reluctance on the part of our citizens to do so. There have not been reported incidents where persons ought to have come forward in emergency situations but did not, either because of legal consequences or a lack of civic responsibility. There is thus no urgency at present to adjust the finely tuned framework that we have in place. However we will review the matter if the need arises.

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