Q: I recently stopped to help some bus passengers at an accident scene on the highway. Later on, while at coffee row, I was told I could be liable if something went wrong. Is that true?
A: Generally, Canadian law does not impose a duty for individuals to assist those in trouble on a purely voluntary basis. There are some exceptions.
One such exception is where there is a special relationship, such as employer-employee. If one of my staff is injured in my office, the law may require me to give assistance because of that relationship.
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In a highway accident, such as you encountered, the bus driver would have a legal duty to try to help his passengers, since they are riding in that vehicle for a fee.
For example, if the bus was to hit the ditch and be at risk of starting on fire, the driver is supposed to help the passengers get out, not run away as fast as he can.
Another major exception in Canadian law is if you cause the peril the other person is in. For example, if my bad driving causes an accident and the result puts the other driver or my passenger in danger, then I have a duty to try to help.
This law applies to people who are intervening in a dangerous situation as pure volunteers, not because they are paid to do so such as firefighters and police officers. But this is where a strange twist in the law comes in.
As a bystander, you are not required to give assistance. However, if you do, you have to do it properly. If you are negligent in rendering assistance, you could be liable to the other people involved for injuries or property damage. So your friends at coffee row are partly right – usually you have no duty to intervene and help, but if you do so poorly and cause some loss or damage, you can be liable for it.
You should also consider that you could be injured when giving assistance. Running into a burning vehicle or building to try to help others has some risks for you.
Can you be compensated for injuries or damage if you get hurt while being a good Samaritan?
Sometimes you can. It depends on who caused the risk and the injury to you. If the person you are trying to rescue does something bad or stupid and you are injured as a result, you may be able to get some compensation. If a third party who created the dangerous situation can be identified, you may be able to get compensation from that person.
This case law has led to some bad results. An Ontario case from the 1970s is an example. A guest on a boat fell into the lake. It was a pure accident since the owner and driver had done nothing wrong.
The owner and another guest both jumped into the lake to try to save the first person. Both guests drowned; the owner survived. Because the owner had done nothing wrong and was not negligent, he was not held liable when the second guest’s family sued him. The case went all the way to the Supreme Court and was upheld.
Note that the province of Quebec is unique because it has a civil code, not common law. That code creates a duty on citizens to help others who are in trouble, and you can be held liable if you fail to do so, unless rendering aid would pose an unreasonable amount of danger for you.
Also note there are some specific laws that require you to intervene and render assistance to a third party in danger. For example, most provinces have child welfare law making it mandatory for almost everyone to report a child in danger to the authorities.
Finally, common sense should prevail. Be a good citizen, use your head, and don’t bite off more than you can chew. It’s the prairie way.
Rick Danyliuk is a practising lawyer in Saskatoon with McDougall Gauley LLP. He also has experience in teaching and writing about legal issues. His columns are intended as general advice only. Individuals are encouraged to seek other opinions and/or personal counsel when dealing with legal matters.
