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Good Samaritan Law and Injuries and Liability

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retro756

Junior Member
OK lets use four different places because it is possible in all three states..... OH, KY, IN, Ill.

I am under the age of 18 and am affiliated with a fire department. I can respond to calls when working at the station or when called for by the department. I have my advanced first aid card and am trained to, but not yet certified as a first responder. I have stopped at accidents before to render assistance as best I can. For my protection I carry a large first aid kit and my fire gear in my car at all times. The gear does identify me as a member of XYZ fire department. So, for my protection, when i get out of my car I put my gear on, a reflective vest, and go to assist.

If I were to stop at any accident (interstate, surface street, whatever) and be injured, would the fire department be liable?

Note that I did not respond to the accident in my personal vehicle when the fire department got dispatched, I happened to be driving by and saw the accident before the fire and/or police got there. Like I said, I have stopped at many accidents to render assistance and I know (at least I think so) that I am covered under the good samaritan law, but if I were injured, would the fire department be liable since I had gear on that identified myself as a member of a fire department.
 


Ozark_Sophist

Senior Member
I would think the FD would not want you using your XYZ gear unless you are responding as XYZ department. Ask the FD. Wearing your gear identifies you not as a good samaritan but as a first responder. If the injured party were to sue, your department would also get sued. Their insurance would probably claim it wasn't an official call, so the department should not be held responsible for your actions. You could be on the hook yourself.

Others will post, so check back.
 

retro756

Junior Member
I would think the FD would not want you using your XYZ gear unless you are responding as XYZ department. Ask the FD. Wearing your gear identifies you not as a good samaritan but as a first responder. If the injured party were to sue, your department would also get sued. Their insurance would probably claim it wasn't an official call, so the department should not be held responsible for your actions. You could be on the hook yourself.

Others will post, so check back.
That definatly clears things up a little bit.

However, the gear does not say which fire department I am involved with. Only my helmet does, so if I do not wear the helmet is that any difference? Or if I were to use my own personally owned gear (which I have)?

I put my gear on for my own safety, not to look cool or to say that I am with XYZ fire dept. We are taught that everytime we are at an accident we are to wear our full turnout gear and reflective vest, so I technically am following what I am taught. This is to protect us from flash fire/explosion, glass, exposed cut metal, bodily fluids, etc. So if I wear my own gear to protect myself, does that make a difference.
 

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