Legal Immunities for Individuals

By: Timothy Rayne

Under Pennsylvania law, there are many circumstances in which, although someone is injured, a lawsuit against the responsible party is not permitted due to a statute granting Immunity. Immunity is designed to encourage helpful acts by removing the threat of potential legal liability. The following are some of the common Immunity statutes in Pennsylvania.

Medical Good Samaritan
A doctor, nurse or other medical professional who renders aid at the scene of an emergency is protected from liability, except in cases of intentional harm or gross negligence.

Veterinary Good Samaritan
A licensed veterinarian who renders emergency aid is immune except in cases of intentional harm or gross negligence.

Use of an Automated External Defibrillator (AED)
Anyone trained to use an AED is protected from liability except in cases of intentional harm or gross negligence.

Criminal Victim Good Samaritan Aid
Anyone who provides aid for a victim of a personal injury crime enjoys Immunity from liability absent intentional harm or gross negligence.

Nonmedical Good Samaritan
Anyone holding appropriate proof of training in first aid is immune from liability when rendering emergency care, first aid or rescue at the scene of an emergency absent intent to harm or gross negligence.

Manager, Coach, Umpire and Nonprofit Association Immunity
Anyone who, without compensation, renders services as a manager, coach, instructor, umpire or referee or who assists any of the above is immune from liability unless their conduct falls substantially below the standards generally practiced by similar persons and there was reason to know that there was a substantial risk of harm to a person or property. A nonprofit association which sponsors a sports program enjoys similar Immunity from liability.

School Officers or Employees - Drug or Alcohol Abuse Reporting
Any officer or employee of a school who reports drug or alcohol abuse of a student to another person at the school, a parent, legal guardian or spouse of the student or who refers the student for treatment or disciplinary action shall not be liable for actions taken in good faith. Only in case of intent to harm or gross negligence can any action be taken against them.

School Officers or Employees - Emergency Care, First Aid and Rescue
Any school officer or employee who, in good faith, renders emergency care, first aid or rescue is immune except in cases of intent to harm or gross negligence and in the case of serious harm.

Donated Food and Grocery Products
A person is not subject to civil or criminal liability for the condition of apparently wholesome food or grocery products donated in good faith to a nonprofit, absent gross negligence, recklessness or intentional misconduct.

Employer Immunity - Disclosure of Information
An employer who discloses information about a current or former employee's job performance to a prospective employer is immune unless it can be established by clear and convincing evidence that (1) the employer knew or should have known the information was false; (2) the employer knew it was materially misleading; or (3) the information should not have been disclosed because its disclosure was prohibited by a contract with the employee or another law.

Article Source: http://www.articlepro.co.uk/international

Tim Rayne is the author of numerous publications on Personal Injury Law and is a graduate of the Temple University Beasley School of Law's Master's in Trial Advocacy Program. Tim can be reached at www.macelree.com/traynelaw.

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