TITLE 16

Health and Safety

Safety

CHAPTER 68. EXEMPTIONS FROM CIVIL LIABILITY

Subchapter I. Immunity for Rendering Emergency Care


(a) Any lay individual who in good faith, without the expectation of monetary or other compensation from the individual aided or treated, renders emergency care or rescue assistance at the scene of any emergency or who undertakes to transport any victim thereof to the nearest medical facility is not liable for any civil damages as a result of any act or omission in rendering the emergency care unless it is established that the injuries or death were caused wilfully, wantonly, or recklessly or by gross negligence.

(b) This section may not be construed to require a lay individual to administer first aid or emergency care to another if the other individual objects.

16 Del. C. 1953, § 6801; 58 Del. Laws, c. 105; 59 Del. Laws, c. 361, § 1; 62 Del. Laws, c. 93, § 1; 63 Del. Laws, c. 235, §§ 1, 2; 66 Del. Laws, c. 51, § 1; 66 Del. Laws, c. 235, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 137, §§ 23, 32; 77 Del. Laws, c. 319, § 1; 81 Del. Laws, c. 265, § 2.;

Any registered nurse or any licensed practical nurse, licensed as such by any state, who in good faith renders emergency care at the scene of any emergency or who undertakes to transport any victim thereof to the nearest medical facility shall not be liable for any civil damages as a result of any act or omission in rendering the emergency care; provided, however, such act or omission is not grossly negligent or intentionally designed to harm the victim.

59 Del. Laws, c. 266, § 1.;

Repealed by 71 Del. Laws, c. 208, § 1, effective July 17, 1997.;