Good Samaritan Laws in Wisconsin (2026): Your Complete Protection Guide

Most people want to help during emergencies. But they worry about getting sued. That’s exactly what Good Samaritan laws fix.

Wisconsin has some of the strongest protections in the country for people who step up in emergencies. Whether you’re helping at a car crash or calling 911 for an overdose, you’ve got legal protection. Let’s break down exactly what you need to know.

What Is a Good Samaritan Law?

A Good Samaritan law protects people who help during emergencies. Pretty straightforward, right?

The name comes from an old biblical story. A Samaritan stopped to help a stranger who’d been beaten and robbed. He didn’t have to help, but he did anyway.

Wisconsin’s law works the same way. If you see someone in trouble and step in to help, the law protects you from being sued. You won’t face civil liability for your actions as long as you’re acting in good faith.

Think of it like this. Someone collapses at the grocery store. You start CPR. Even if you break a rib while doing chest compressions, you’re protected. The law recognizes you were trying to save a life, not cause harm.

Basic Emergency Care Protection

Wondering if this applies to you? It does.

Wisconsin Statute 895.48 is the main law here. It says any person who gives emergency care at an accident scene in good faith is immune from civil liability. This protection started way back in 1963 for doctors and nurses. By 1977, Wisconsin expanded it to cover everyone.

You don’t need medical training to be protected. A firefighter, a teacher, a teenager who knows CPR. Anyone can help and get this legal protection.

Here’s what the law covers. You help someone who’s choking at a restaurant. You pull someone from a burning car. You give first aid to an injured hiker. All of these situations fall under Good Samaritan protection.

The key word is “emergency.” The person needs to be in immediate danger. Their life or health has to be at serious risk.

Hold on, this part is important. The protection only applies at the scene of the emergency. Once you transport someone to the hospital or care gets transferred to medical professionals, your immunity ends.

How the Law Protects You

Let me break down the protection you get.

First, you’re immune from civil liability. This means people can’t sue you for damages. If your emergency care doesn’t go perfectly, you won’t end up in court paying money to the person you tried to help.

Second, the protection applies to your actions and your omissions. Maybe you did something. Maybe you didn’t do something. Either way, you’re covered as long as you acted in good faith.

What does “good faith” mean? Basically, you genuinely believed you were helping. You weren’t being reckless. You weren’t trying to hurt anyone. You were doing your honest best in a scary situation.

Not sure what counts as an emergency? Here are some examples. Heart attacks. Severe bleeding. Car accidents. Choking. Drowning. Drug overdoses. Anything where someone’s life is in immediate danger.

Special Protection for Overdose Situations

Okay, this one’s really important. Wisconsin has extra protection for drug overdoses.

Many people hesitate to call 911 during an overdose. They’re scared of getting arrested. Wisconsin fixed this problem with a special law.

Under Wisconsin Statute 961.443, you get immunity from criminal prosecution if you help someone during an overdose. This is huge. We’re not just talking about civil lawsuits here. We’re talking about criminal charges.

Here’s how it works. Say someone overdoses on opioids. If you bring them to a hospital, call 911, or summon emergency help, you’re protected. The law calls you an “aider.”

You’re immune from prosecution for possession of drug paraphernalia. You’re also immune for possession of controlled substances. These protections apply to the circumstances surrounding your call for help.

Honestly, this law saves lives. People who use drugs aren’t afraid to call for help anymore. They know they won’t get arrested just for trying to save someone.

Sound complicated? It’s actually not. You see someone overdosing. You call 911. You stay on the scene. You’re protected from drug possession charges related to that incident.

Naloxone Administration Protection

Wait, it gets better. Wisconsin lets anyone administer Narcan.

Narcan is the brand name for naloxone. It’s a medication that reverses opioid overdoses. And in Wisconsin, any person can legally possess it and use it.

You don’t need to be a doctor. You don’t need special training. If you reasonably believe someone is overdosing on opioids, you can give them naloxone.

Wisconsin Statute 256.40 provides immunity for administering naloxone. You’re protected from both civil and criminal liability. This applies to law enforcement officers, firefighters, and regular citizens.

Think about how powerful this is. You’re at a party. Someone overdoses. You have Narcan in your bag. You can administer it without worrying about legal consequences.

The only requirement is that you reasonably believe the person is experiencing an opioid overdose. You don’t have to be 100% certain. You just need to have a reasonable belief based on what you’re seeing.

When Protection Doesn’t Apply

Let’s talk about the limits. These are important.

First, healthcare professionals working their regular jobs aren’t covered. If you’re a doctor at a hospital treating a patient, that’s your job. You’re expected to provide good care. The Good Samaritan law doesn’t protect you there.

The law specifically excludes employees trained in healthcare who are rendering emergency care for compensation. This means paramedics on duty, emergency room doctors, nurses working their shifts. They’re held to professional standards.

Second, gross negligence isn’t protected. There’s a difference between making a mistake and being reckless. If your actions are extremely careless or intentionally harmful, you lose protection.

What’s gross negligence? Performing surgery on someone when you have zero medical training. Giving someone random pills from your medicine cabinet. Doing something obviously dangerous that any reasonable person would know not to do.

Third, you can’t receive compensation. The moment you ask for money in exchange for helping, you’re no longer a Good Samaritan. You’re providing a service. Different rules apply.

Most people don’t realize this, but the protection only lasts during the emergency. Once you hand off care to professionals or the emergency is over, the immunity ends. You can’t keep treating someone for days and claim Good Samaritan protection.

Limits on Overdose Immunity

The overdose protection has some limits too. Stay with me here.

The immunity from prosecution only covers specific charges. You’re protected from drug paraphernalia possession. You’re protected from controlled substance possession. That’s it.

A court case in 2016 made this clear. If you’re on probation or parole and you violate those terms by possessing drugs, the immunity doesn’t extend to bail jumping charges. The court said the law only protects you from the specific drug charges listed in the statute.

Also, the protection doesn’t apply if you were dealing drugs. It’s designed to help people who call for emergency medical assistance. It’s not a free pass for drug dealers.

You need to actually help. You can’t just be present at the scene. You have to bring the person to a hospital, call 911, or contact emergency services. And you need to make contact with someone who can help.

If the facts aren’t clear about whether you’re an “aider,” you might need to prove it in court. You’d file a pretrial motion claiming immunity. The court would hold a hearing. The burden is on you to show you qualify for protection.

How Healthcare Professionals Should Help

Doctors and nurses get special consideration. Let me explain.

If you’re a healthcare professional off duty, you’re covered like anyone else. You stop at a car accident on your way home from work. You render emergency aid. The Good Samaritan law protects you.

But if you’re on duty at a hospital or clinic, different rules apply. You’re expected to meet professional standards. You can be held liable for negligence if you mess up.

Here’s where it gets tricky. Say you’re a doctor attending a wedding. Someone has a heart attack. You provide emergency care. You’re protected by Good Samaritan laws because you’re not working in your professional capacity.

The key question is whether you have a preexisting duty to help. Emergency responders on duty have that duty. Medical staff at hospitals have that duty. Random citizens don’t.

Personally, I think this makes sense. We want to encourage professionals to help during emergencies. But we also want to maintain quality standards when they’re doing their regular jobs.

What About Consent?

You might be wondering about permission. Good question.

Generally, you should get consent before helping. If someone is conscious and able to communicate, ask if they want help. If they refuse, you have to respect that decision.

Forcing care on someone who doesn’t want it could be battery. That’s a whole different legal problem.

But what about unconscious people? The law assumes implied consent. If someone can’t respond because they’re passed out or too injured to communicate, the law assumes they’d want help.

This is especially true in life-threatening situations. If someone is dying, you don’t need their permission to perform CPR. The law recognizes that saving their life is more important than waiting for explicit consent.

Children present another scenario. If a child is injured and parents aren’t around, you can provide emergency care. The law assumes parents would consent to lifesaving treatment for their kids.

Reporting Requirements

Here’s something many people get wrong. You’re not always required to help.

Wisconsin doesn’t have a broad duty to rescue law. In most situations, you can walk away from an emergency without breaking any laws. You might feel guilty, but you won’t face criminal charges.

However, Wisconsin does require reporting of certain crimes. If you witness certain serious crimes, you may have a legal obligation to report them to authorities.

Also, certain professionals have mandatory reporting requirements. Teachers must report suspected child abuse. Healthcare providers must report gunshot wounds. These duties exist regardless of Good Samaritan laws.

But for the average person stopping to help at a car crash? No reporting requirement beyond what’s reasonable. Just do your best to help and call 911.

Protection for Naloxone Prescribers

Doctors and pharmacists have protection too. This is worth knowing.

Physicians can prescribe naloxone to anyone in a position to help someone at risk of overdose. They don’t need to specify who will receive the medication. They just prescribe it to the person who’ll carry it.

Pharmacists can dispense naloxone without a traditional prescription. They can give it directly to people who might need it.

Both prescribers and dispensers are immune from civil and criminal liability. They’re also protected from professional discipline. This encourages medical professionals to get naloxone into the hands of people who can use it.

Advanced practice nurses and physician assistants have similar authority. They can prescribe and deliver naloxone under the same protections.

The idea is simple. Get lifesaving medication to the people who need it. Remove barriers. Protect everyone involved in the process.

How to Help Safely

Want to help but nervous about doing it wrong? Totally normal.

First, assess the situation. Make sure it’s safe for you to help. Don’t become a second victim. If there’s a fire, electrical hazard, or dangerous traffic, call 911 and wait for professionals.

Second, call 911 immediately. Even if you know first aid, get professionals coming. Explain the situation clearly. Tell them the location. Stay on the line if they ask you to.

Third, do what you can within your abilities. If you know CPR, perform it. If you don’t, follow the 911 dispatcher’s instructions. They can walk you through basic lifesaving steps.

Fourth, don’t move injured people unless absolutely necessary. Moving someone with a neck or spine injury can cause permanent damage. Only move them if they’re in immediate danger like a burning car.

For overdoses specifically, here’s what to do. Call 911 first. Administer naloxone if you have it. Try to wake the person by shouting their name or rubbing their chest. Turn them on their side if they’re breathing but unconscious.

Stay with the person until help arrives. Give emergency responders all the information you can. Tell them what happened. Tell them if you administered any medication.

Understanding Your Rights

Let’s be clear about what protection means.

You cannot be sued for civil damages. This means the person you helped can’t come after you for money. Their family can’t sue you. Their insurance company can’t sue you.

But you can still be questioned. Police might ask what happened. You might need to give a statement. Having legal protection doesn’t mean nobody can ever ask you about the incident.

Also, Good Samaritan protection is a defense, not a prevention. Someone could still file a lawsuit against you. But you’d win because the law protects you. Frivolous lawsuits are rare, but they can happen.

The law doesn’t protect you from criminal charges for other crimes. If you steal the person’s wallet while helping them, that’s theft. If you assault someone else at the scene, that’s assault. Good Samaritan laws only protect your emergency care actions.

You’re not immune from investigation. If something seems suspicious, authorities can still investigate. But as long as you acted in good faith to help, you’ll be fine.

Common Misconceptions

Many people assume things that aren’t true. Let’s fix that.

Misconception number one: Only medical professionals are protected. Wrong. Anyone can be protected by Good Samaritan laws. You don’t need training or certification.

Misconception number two: You’re completely immune from everything. Nope. The protection is specifically for civil liability related to your emergency care. Other laws still apply.

Misconception number three: You have to be perfect. Not true. The law recognizes that emergencies are chaotic. You just need to act reasonably given the circumstances.

Misconception number four: The overdose immunity is a free pass for drug dealing. Absolutely not. It’s narrowly focused on helping overdose victims. It doesn’t legalize drug trafficking or distribution.

Misconception number five: If someone dies, you’ll definitely face charges. Only if you were grossly negligent or harmful. If you genuinely tried to help and acted reasonably, you’re protected even if the outcome is bad.

Wisconsin Compared to Other States

You’re probably wondering how Wisconsin stacks up. Pretty well, actually.

Wisconsin was an early adopter of Good Samaritan laws. The state passed its first version in 1963. By 1977, it expanded to cover everyone, not just medical professionals.

The overdose immunity law came in 2013. Wisconsin was part of a wave of states responding to the opioid crisis. These laws recognize that saving lives is more important than prosecuting minor drug possession.

Wisconsin’s naloxone access laws are particularly strong. Anyone can possess and administer it. Many states restrict it to trained individuals or require prescriptions. Wisconsin made it as accessible as possible.

Some states have broader “duty to rescue” laws that require people to help in emergencies. Wisconsin doesn’t go that far. You’re encouraged to help and protected if you do, but you’re not legally required to step in.

What to Do After Providing Emergency Care

Okay, you helped someone. Now what?

First, talk to the police if they ask. Be honest about what you did. Explain that you were trying to help. Mention that you’re protected by Good Samaritan laws if it comes up.

Second, don’t expect gratitude. This sounds harsh, but emergency situations are traumatic. The person you helped might not thank you. They might be confused or scared. That’s okay. You did the right thing.

Third, seek support if you need it. Witnessing or responding to emergencies can be emotionally difficult. Talk to friends, family, or a counselor if you’re struggling.

Fourth, don’t follow up with the person unless they reach out to you. Privacy laws prevent hospitals from giving you information. Showing up at their house or contacting them could seem creepy or intrusive.

If anyone threatens legal action, contact a lawyer immediately. Explain the situation. Mention Wisconsin’s Good Samaritan laws. Most lawyers will tell you not to worry, but it’s good to have professional advice.

Special Situations and Exceptions

Some scenarios need extra attention. Here we go.

What if you’re helping a minor? You’re covered. Parents or guardians can’t sue you for providing emergency care to their child. The law recognizes that kids can’t consent for themselves.

What if you’re intoxicated? This is risky. If you’re drunk or high and try to help, a court might say you weren’t acting reasonably. Stick to calling 911 if you’re not in a condition to help safely.

What if you have medical training but you’re off duty? You’re treated like everyone else. Being a doctor doesn’t mean you have to meet doctor-level standards when you’re not working. You get the same Good Samaritan protection as anyone.

What if you make the situation worse? As long as you acted in good faith and weren’t grossly negligent, you’re still protected. Emergencies are unpredictable. Sometimes bad things happen despite your best efforts.

What if you’re helping at an event where you volunteered to be the medical person? This might create a duty to help. Ski patrol members, event medical volunteers, and similar roles might not get full Good Samaritan protection if they receive benefits for their services.

How to Get Naloxone

Want to carry Narcan? Smart move. Here’s how.

You can get naloxone at most pharmacies in Wisconsin without a traditional prescription. Just ask the pharmacist. They can dispense it under a standing order.

Some community organizations give naloxone for free. Check with local health departments or harm reduction programs. They often distribute it to anyone who wants it.

You can also ask your doctor for a prescription. They can prescribe it directly to you. Insurance often covers it.

Once you have it, learn how to use it. Most naloxone comes as a nasal spray. You spray it into one nostril. If the person doesn’t respond in 2 to 3 minutes, give another dose.

Keep it somewhere accessible. Your car, your home, your bag. The whole point is having it available when you need it.

Check the expiration date periodically. Replace it when it expires. Expired naloxone might not work as well.

Training and Resources

You don’t need training to be protected. But training helps.

The American Red Cross offers CPR and first aid classes throughout Wisconsin. These courses teach basic lifesaving skills. They’re usually a few hours long and not expensive.

Many fire departments offer free or low-cost training. Call your local department and ask about community classes.

Online resources can help too. The American Heart Association has guidelines and videos. YouTube has demonstrations of CPR and rescue breathing.

For naloxone specifically, many pharmacies provide quick training when you pick it up. They’ll show you how to use it. Takes about 5 minutes.

Some employers offer first aid training. Ask your HR department. Many workplaces want employees who can respond to emergencies.

The more you know, the more confident you’ll feel. But remember, you’re protected even without formal training.

Frequently Asked Questions

Can I be sued for helping someone in Wisconsin?

No, not if you’re acting as a Good Samaritan. Wisconsin law protects you from civil liability when you provide emergency care in good faith. This protection applies to everyone, not just medical professionals.

Does the Good Samaritan law protect me if I call 911 for an overdose?

Yes. Wisconsin Statute 961.443 gives you immunity from prosecution for drug possession and paraphernalia charges when you call for help during an overdose. You won’t be arrested for trying to save someone’s life.

Do I need special training to be protected?

Nope. The law protects anyone who helps in good faith. Medical training isn’t required. Just do your best in the emergency situation and you’re covered.

Can I give someone Narcan without being a doctor?

Absolutely. Wisconsin allows any person to possess and administer naloxone. You don’t need to be a medical professional. If you believe someone is overdosing on opioids, you can give them Narcan.

What if the person I help dies anyway?

You’re still protected as long as you acted reasonably and in good faith. Bad outcomes happen in emergencies. The law recognizes this and protects people who genuinely tried to help.

Am I required to stop and help at an accident?

No. Wisconsin doesn’t have a general duty to rescue. You’re encouraged to help and protected if you do, but you won’t face criminal charges for walking away. Some states have different rules, but not Wisconsin.

Does this apply to CPR?

Yes. Performing CPR on someone in cardiac arrest is exactly the kind of emergency care the law protects. Even if you break ribs during chest compressions, you won’t face liability.

What if I’m on probation and I call 911 for an overdose?

The immunity from drug possession charges still applies. However, if you violate other terms of your probation, those consequences aren’t covered by the Good Samaritan law. The protection is specifically for drug possession and paraphernalia charges.

Final Thoughts

Wisconsin takes Good Samaritan laws seriously. The state wants people to help during emergencies without fear of legal consequences.

Remember the basics. If you see someone in danger, you can help. Call 911. Do what you can. You’re protected from civil lawsuits as long as you act in good faith.

For overdoses, the protection is even stronger. You won’t face criminal drug charges for calling for help. You can administer naloxone without being a medical professional.

Don’t overthink it. In an emergency, act. The law is on your side. Your quick action could save someone’s life.

When in doubt, at minimum call 911. Even if you’re not comfortable providing direct care, making that call gets professionals on the way. That simple act can make all the difference.

Stay informed, stay ready, and don’t hesitate to help when someone needs it.

References

1. Wisconsin Legislature: 895.48 – Civil liability exemption; emergency medical care https://docs.legis.wisconsin.gov/document/statutes/895.48(1)
2. Wisconsin Legislature: 961.443 – Immunity from criminal prosecution; possession https://docs.legis.wisconsin.gov/statutes/statutes/961/IV/443
3. Wisconsin Legislature: 256.40 – Opioid antagonists https://docs.legis.wisconsin.gov/document/statutes/256.40
4. Wisconsin State Bar: The Good Samaritan Statute: Civil Liability Exemption for Emergency Care https://www.wisbar.org/NewsPublications/WisconsinLawyer/pages/article.aspx?volume=80&issue=7&articleid=1395
5. State v. Marie Williams, 2016 WI App 82 – Court interpretation of immunity statute https://www.wispd.gov/2016/10/court-of-appeals-interprets-scope-of-wisconsins-good-samaritan-immunity-statute-narrowly/