What to Know About Colorado’s Good Samaritan Law and Liability
When you witness an emergency, every second counts. Whether someone collapses on a hiking trail, is injured in a car accident on I-70, or overdoses at a public event, the instinct to help can be lifesaving. But many people hesitate to step in because they fear being held legally responsible if something goes wrong. Understanding what Colorado law actually says about this situation can make the difference between someone getting help and someone suffering unnecessarily.
Colorado’s personal injury laws are designed to protect both victims and the people who act in good faith to help them. Mintz Law Firm has spent decades advocating for injured Coloradans, and we believe an informed public is a safer one. Founder David J. Mintz has represented injured people throughout Colorado for more than 35 years, and managing attorney Eric C. Staton brings over 15 years of experience to complex personal injury matters. Part of serving our community means helping people understand their rights and responsibilities before an emergency ever happens.
What Colorado’s Good Samaritan Law Says
Colorado’s Good Samaritan statute, found at C.R.S. § 13-21-108, provides legal protection to individuals who voluntarily render emergency assistance to a person in need. In plain terms, if you stop to help someone who has been injured and you act in good faith without expecting payment, Colorado law generally shields you from civil liability if something goes wrong during your efforts to help.
The key elements of the law are straightforward. The assistance must be voluntary, it must be rendered in good faith, and the helper must not act with willful or wanton disregard for the safety of the person being helped. This last point is important: the law does not protect reckless behavior, only reasonable efforts made under the circumstances.
Who Is Protected Under the Law
Ordinary Bystanders
The most common application of Colorado’s Good Samaritan law covers everyday people with no medical training who stop to assist at the scene of an accident or medical emergency. If a bystander performs CPR on a person who has collapsed in a park and accidentally causes a rib injury in the process, that bystander is generally protected from a lawsuit as long as they acted reasonably and in good faith.
It is worth noting that the protection extends to slip and fall scenarios and other injury situations where a bystander intervenes to move someone or prevent further harm.
Medical Professionals Off Duty
Colorado’s Good Samaritan law also covers licensed medical professionals, such as doctors and nurses, who provide emergency assistance outside of their professional capacity. A physician who stops at a roadside accident is generally protected under the same standards as a layperson, provided they are not acting within the scope of their employment at the time.
Drug Overdose Situations
Colorado has a separate but related provision addressing overdose emergencies. Under Colorado’s drug overdose Good Samaritan law, individuals who seek emergency assistance for someone experiencing an overdose are provided limited protection from prosecution for certain drug offenses. This encourages people to call for help without fear of criminal consequences, a critical measure given the state’s ongoing concerns around substance-related emergencies.
What the Law Does Not Cover
Good Samaritan protection is not unlimited. The law will not protect someone who acts with gross negligence or willful and wanton conduct. For example, if a bystander ignores clear warning signs and takes actions no reasonable person would take, the liability shield can fall away.
The law also does not apply to situations where a person has a pre-existing legal duty to provide care, such as a lifeguard on duty or an emergency medical technician responding in their official capacity. Those individuals are held to a professional standard rather than the Good Samaritan standard.
How This Relates to Personal Injury Claims
Understanding Good Samaritan protections is relevant in a broader personal injury context. Colorado follows a modified comparative negligence system, which you can read more about in our overview of Colorado’s comparative negligence law. In cases involving multiple parties, questions of fault and liability can become layered quickly, and having a clear understanding of which protections apply to whom matters.
In some emergency situations, injuries sustained while trying to help another person lead to wrongful death or catastrophic injury claims. If you or a family member was injured in an emergency situation and questions of liability are involved, speaking with an attorney can help clarify your options. Colorado’s assumption of risk doctrine is another legal concept worth understanding in these situations, and our team has addressed it in detail on our page covering assumption of risk in Colorado personal injury cases.
Contact Mintz Law Firm
Knowing when and how legal protections apply in emergency situations is not always intuitive, and the line between protected assistance and actionable conduct can sometimes be blurry. If you have been injured in an accident, if questions about Good Samaritan liability have arisen in connection with your case, or if you are unsure whether you have a valid personal injury claim, the team at Mintz Law Firm is here to help. With 12 attorneys averaging 20 years of experience and more than $20 million recovered annually for clients since 2016, we bring real results and genuine care to every case we take.
We work on a contingency fee basis, meaning you pay nothing unless we win. Our consultations are free, and we treat every client as a person, not a number. Reach out to us today using our contact form to get started.
