Good Samaritan Laws in New York (2026): Helping Others Without Legal Fear
Most people have no idea they’re protected by law when they help someone in an emergency. Seriously. But in New York, Good Samaritan laws are actually really important. They let you jump in and save someone’s life without worrying about getting sued later.
This matters because people hesitate. They see someone having a heart attack or overdosing. They want to help but think, “What if I do something wrong and get sued?” New York’s laws say: don’t worry. We’ve got your back.
What Is a Good Samaritan Law?
A Good Samaritan law protects regular people like you from lawsuits when you help in emergencies. The idea is simple. You see someone in danger. You act fast. You’re not a doctor or paramedic. You’re just a person trying to help.
The law says: if you acted in good faith and weren’t reckless, you’re protected. Right? It encourages people to jump in without fear. That’s the whole point.
The Basic Protection
Here’s what you need to know. In New York, if you help someone in an emergency, you get legal protection. Stay with me here—this part’s important.
You’re protected if:
You acted in good faith (you were actually trying to help) You weren’t being grossly negligent (you weren’t being dangerously careless) You provided reasonable assistance or first aid
The key word? Good faith. That means your heart was in the right place. You weren’t trying to hurt anyone or act recklessly.
Not sure what counts as gross negligence? It means you were doing something crazy or dangerously careless. Think: throwing someone down the stairs when they’re having a panic attack. That’s not reasonable help. That’s gross negligence.
Emergency Medical Help
One of the biggest areas where Good Samaritan protection applies is emergency medical care. You could be helping someone who’s unconscious. They might be injured badly. Maybe they’re having a medical emergency.
If you step in and try to help them, you’re protected. You administer CPR. You use an AED (that’s the automated external defibrillator—basically a machine that shocks someone’s heart back to normal). You give basic first aid.
Here’s the thing: you don’t need to be trained. Obviously, training helps. But the law doesn’t require it. If you do your best without being dangerously careless, you’re covered.
The Overdose Protection (This Is Big)
New York has one of the strongest overdose Good Samaritan laws in the country. Trust me, this works.
The 911 Good Samaritan Law lets you call for help during an overdose without fear of arrest. That means if you or someone else is overdosing on drugs or alcohol, you can call 911 for help. The law protects you from certain drug charges.
Wondering if this applies to you? If you call 911 during an overdose, that call can be used in your defense. You can’t be arrested just for calling for help. The law specifically says so.
But wait, there’s more to know here. This protection has limits. If you have prior convictions for selling drugs (A1, A2, or B felony drug sales), the protection doesn’t fully apply. Also, calling 911 helps reduce charges if your crime is less serious than an A2 felony.
The reason for this law? Simple. Overdoses are life-or-death situations. The state wants people calling 911 first and asking questions later. When someone’s dying, minutes matter.
Saving Lives With Medicine
New York recently expanded protections for people who give life-saving drugs. This is pretty important stuff.
If you give someone naloxone (that’s the overdose reversal drug, also called Narcan), you’re protected. You’re also protected if you use an AED, administer an epinephrine auto-injector for allergic reactions, or use certain resuscitation equipment.
These are all tools that save lives. The law basically says: use them. Don’t be afraid.
As of 2026, New York passed new laws requiring more places to have naloxone and AEDs available. Nightlife spots, concert venues, theaters, and sporting events must keep these supplies on hand. And here’s the good part: anyone using them gets Good Samaritan protection.
Think of it like a traffic ticket, but in reverse. Instead of getting punished for helping, the law rewards you for it.
Intervening in Crimes (The New Stuff From 2025)
Okay, pause. Read this part carefully. New York just passed major new protections in 2025.
The law now protects people who step in to stop a crime or help a crime victim. You see someone being attacked. You reasonably believe someone needs help. You step in and do what you think is necessary to help.
This is different. It’s not just medical emergencies anymore. This covers situations like what happened on the NYC subway, where someone took action to protect others. The law now protects that kind of intervention.
But here’s the careful part: you can use physical force if you reasonably believe it’s necessary. You can use deadly physical force only if you reasonably believe someone will die or get seriously hurt without it. Those are serious decisions.
Most people don’t realize how broad this protection is now. Honestly, it’s a big shift in how New York thinks about helping strangers.
Business and Non-Profit Protection
You’re probably wondering: what about businesses? What about organizations?
New York protects businesses and non-profit organizations too. If a business lets someone injured come inside and seek help, the business gets protection. They can’t be sued just because an injured person was on their property and got more hurt.
That protection covers the business from liability. But it only applies if the business didn’t act with gross negligence. So a business can’t ignore someone bleeding out and claim protection.
This matters because businesses used to hesitate. They thought helping meant legal trouble. Now they know they’re protected if they do the right thing.
What Gross Negligence Actually Means
Here’s where it gets specific. Gross negligence sounds legal and confusing, but it’s not.
Gross negligence means you were being reckless, willful, wanton, or intentional. You were doing something obviously dangerous. You either didn’t care about the consequences or deliberately caused harm.
Example: You’re helping someone who collapsed. You give them a drink of water. That’s reasonable. But if you forced them to eat when they’re choking, that’s different. That’s gross negligence.
The distinction matters. The law protects honest mistakes. It doesn’t protect dangerous behavior.
Who Gets Protected?
Everyone gets protected. Yes, everyone. The law doesn’t care about age or experience.
You could be a kid, an adult, an elderly person. You could have zero medical training. You could be a neurosurgeon. The law treats everyone the same.
The only people excluded? Law enforcement officers don’t get the same protections when doing their jobs. That makes sense. They have special training and authority.
But regular people like you and me? We’re all protected equally.
Calling 911 During a Crime
New York also expanded protection for people who witness crimes. The state wants witnesses to come forward.
If you call 911 to report a crime, or if you help law enforcement investigate or prosecute a crime, the state will protect you. This applies to vulnerable people too. Immigrants who are undocumented can come forward without fear. Sex workers can report crimes without being arrested.
The goal is clear: get help reported. Get bad people caught. Do that without victims or witnesses being punished.
Using AEDs in Schools (New 2026 Law)
Something just changed in 2026. Private schools now have to keep AEDs available. They have to post signs showing where they are.
And here’s the big part: anyone using an AED in a school now gets Good Samaritan protection. A teacher, a student, a parent visiting during an event. If someone has a heart attack and you use that AED, you’re protected.
This started because schools wanted to make sure people wouldn’t hesitate to grab the AED in a life-or-death moment.
What You Can’t Do
Okay, let’s be clear about what protection doesn’t cover. The law protects good-faith help, not everything.
You can’t ignore someone who needs help and claim protection. You can’t help someone while drunk or high. You can’t be obviously careless. You can’t refuse to call 911 when someone clearly needs emergency care.
The law protects helping. It doesn’t protect hurting.
Also, this protection doesn’t shield you from criminal charges if you’re breaking other laws. If you help someone but commit a crime while doing it, that’s different. The protection is for good people trying to help, not for people using an emergency as cover for bad behavior.
Training and Knowledge
Here’s something important. You don’t need training to be protected. But training helps.
If you know CPR, that’s great. You’ll probably help better. If you’ve never seen an AED, that’s okay too. The law still protects you if you try.
The state actually funds training programs to help people understand their rights under Good Samaritan laws. New York allocated $500,000 in 2025 for public education about these protections.
But you don’t have to take a class to be protected. Good faith and reasonable effort are enough.
Immunity Explained (Not as Complicated as It Sounds)
You’ve probably heard people talk about immunity. It just means you can’t be sued for certain things.
New York’s Good Samaritan laws give you immunity from civil lawsuits. That means someone can’t sue you for helping them in an emergency. They can’t say, “You tried to save my life and it didn’t work, so I’m suing.”
That’s what immunity does. It stops those lawsuits before they start.
But immunity doesn’t protect you from everything. If you were grossly negligent, immunity might not apply. If you intentionally hurt someone, immunity doesn’t help.
The protection is specifically for good people making honest efforts in emergencies.
Documentation and Your Rights
What if you help someone and they later want to know what happened? What if they want records?
You have the right to explain what you did. You don’t have to sign anything that admits wrongdoing. You can say, “I helped in good faith. The law protects me.”
If someone sues you anyway, you can use your Good Samaritan protection as a defense. You tell the court: “I acted in good faith. I wasn’t grossly negligent. The law protects me.”
Courts understand this. Judges see Good Samaritan cases. Your protection is real and recognized.
How to Help Without Fear
So you see someone in trouble. What do you actually do?
Step one: make sure the scene is safe. Don’t run into traffic to help someone. That helps no one.
Step two: call 911. Always call 911. Let professionals know what’s happening.
Step three: help if you can. Give first aid. Perform CPR if trained. Use an AED if available. Talk to the person. Keep them calm.
Step four: don’t leave. Stay there. Tell paramedics what you saw and did.
That’s it. That’s what the law protects.
If You’re Worried About Being Sued
You could get sued anyway. Laws aren’t perfect. Someone might sue even though you’re protected.
If that happens, here’s what to do. Tell the court about your Good Samaritan protection immediately. You might be able to get the case dismissed quickly.
Don’t ignore a lawsuit. Respond to it. Tell your side. Show that you acted in good faith and weren’t grossly negligent.
Having Good Samaritan protection doesn’t mean you’ll never be sued. It means you have a strong legal defense if you are.
Recent Changes and What’s Coming
New York keeps strengthening these laws. In 2025, major changes passed. The “Penny for a Hero” Good Samaritan Protection Act expanded protections for people stepping in to stop crimes.
The state allocated $500,000 for public education. They want people to know they’re protected. They want people to help.
More locations must have naloxone and AEDs. More places are training people about overdoses. The state is building a culture of helping.
This is probably the most important part to understand. New York is saying: we want you to help. We’re making it legal. We’re protecting you. Do the right thing.
Special Cases and Exceptions
Are you a healthcare worker? Different rules might apply. The Good Samaritan law mainly protects non-professionals and volunteers.
Are you helping someone you know you shouldn’t help? Like your friend doing illegal drugs? You’re still protected if you call 911 during an overdose.
Did you cause the emergency yourself? You might still get protection if you then helped. It depends on the situation.
These edge cases matter. But for most people in most emergencies, the protection is clear.
Frequently Asked Questions
Can I be arrested for calling 911 during an overdose?
No. The 911 Good Samaritan Law specifically protects you. You can call for help without fear of arrest for that act of calling. But exceptions exist for prior drug sales felonies.
What if I make a mistake while helping someone?
Honest mistakes are fine. The law protects you if you’re not grossly negligent. Trying your best and having it not work out is okay.
Do I need to be trained in CPR to be protected?
No. Training helps you help better, but it’s not required for protection. The law protects all good-faith help.
Can a business kick me out for giving first aid on their property?
Probably not legally. Businesses are protected for allowing help on their property. They generally can’t punish people for providing emergency assistance.
What should I do if I’m sued despite Good Samaritan protection?
Tell the court about your Good Samaritan protection immediately. Explain you acted in good faith. Courts take this seriously and often dismiss cases quickly.
Does this protection apply to mental health crises?
The law mainly covers physical emergencies and overdoses. Some newer protections might apply to intervention situations, but check with a lawyer for specifics.
Final Thoughts
You have more protection than you probably thought. New York wants you to help when you see someone in danger. The law backs you up.
If you see someone having a heart attack, use that AED. If someone’s overdosing, call 911. If you see a crime happening, report it. If someone needs medical help, provide it.
The law says you can. The law says you’re protected. The law says you’re a hero for helping.
Now you know the basics. Stay informed, stay safe. When in doubt about a specific situation, ask a lawyer. But in most emergencies, just help. You’ve got legal protection behind you.
References
New York State 911 Good Samaritan Law
New York Public Health Law § 3000-a – Good Samaritan Protection
NY State Assembly Bill A4968 – Penny for a Hero Good Samaritan Protection Act (2025)
New York State Senate Bill S4640A – Overdose Response Services and Opioid Antagonists (2025)
New York Laws Taking Effect July 1, 2026 – School Safety and AED Requirements
New York Department of Health Overdose Prevention Resources
For more information or questions call: 1-800-692-8528 or email: [email protected]