A BILL FOR AN ACT TO PROVIDE FOR THE PROTECTION OF PERSONS WHO RENDER REASONABLE ASSISTANCE DURING EMERGENCY SITUATIONS OCCURING AT PLACES WITHIN FEDERAL JURISDICTION AND TO SERVE AS A MODEL TO BE ADOPTED BY THE STATES OF THE FEDERATION.
Sponsored by: Honourable Babajimi Benson
BE IT ENACTED by the National Assembly of the Federal Republic of Nigeria as follows:
Interpretation
1. In this Act, unless otherwise provided:-
a. “Assistance” means “the action of aiding a person at the scene of an Emergency by providing resources, care, treatment, information, advice or any other form of aid”;
b. “Emergency” means “a serious, unexpected and dangerous situation requiring immediate action”
General Immunity from Liability
2. (1) Notwithstanding the provisions of any other enactment or principles of law, a person who, without demanding and or receiving any form of pecuniary compensation or reward, provides assistance, whether medical or otherwise, to a consenting person at the scene of an emergency, shall not be liable for any damages as a result of his acts or omissions while rendering the assistance, unless he acts in an unreasonable manner in providing the assistance or his acts or omissions constitute gross, willful, wanton or reckless negligence or misconduct.
(2) Nothing contained in this Act shall alter existing law with respect to the liability of a person rendering assistance during the ordinary course of his practice or employment.
(3) Sub-section (1) shall not apply to a person that receives pecuniary compensation for rendering the assistance.
(4) Immunity from liability under Sub-section (1) shall not extend to a person or persons who intentionally cause or exacerbates the emergency.
(5) For the purposes of this Act, the scene of an emergency is an area outside the confines of a hospital or other facility having appropriate healthcare facilities and equipment, including the office of a person licensed to practice medicine. However, the scene of an emergency shall include the places referred to in Section 3 of this Act.
Application
3. The provisions of this Act shall be limited to emergencies and incidents occurring:
a. on federal highways;
b. at national parks;
c. at Airports and on aircrafts;
d. within Nigerian airspace;
e. at railway stations, on rail tracks and on trains;
f. at such ports as may be declared by the National Assembly to be federal ports;
g. at mines and oil fields;
h. on Nigerian territorial waters;
i. on such inland waterways as may be designated by the National Assembly to be an international waterway or an inter-state waterway; and
j. the Federal Capital Territory, Abuja.
Consent
4. (1) Presumption of Consent
Where any person to whom emergency assistance has been given was in a condition that made him unable to give consent or in an unconsciousness state at the time of the emergency, it shall be presumed that he consented to the assistance.
(2) Consent of Minors
Consent shall not be required in the case of a person under the age of eighteen who is in reasonable need of emergency assistance
Citation
5. This Act may be cited as the Good Samaritans’ Act 2015
EXPLANATORY MEMORANDUM
The Bill seeks to provide a legal framework for the protection of any person who renders assistance to others during emergency situations.
