| A Review of Some of Utah's Good
Samaritan Laws
by John E. Sohl
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Title
63 Chapter 30
-- Utah Governmental Immunity Act:
63-30b-1.
Definitions. As used in this act:
(1) "Public entity" means the state or any political
subdivision of it, or any office, department, division, board, agency,
commission, council, authority, institution, hospital, school,
college, university, or other instrumentality of the state or any
political subdivision.
(2) "Compensation" means payment for services in any form
whatsoever, whether per diem or otherwise, except where the payment is
solely for the purpose of paying subsistence, travel, or other
expenses incurred by the person performing those services.
Enacted by Chapter 93, 1979 General Session
63-30b-2.
Voluntary services -- Immunity from liability -- Exceptions. Any
person performing services on a voluntary basis, without compensation,
under the general supervision of, and on behalf of any public entity,
shall be immune from liability with respect to any decisions or
actions, other than in connection with the operation of a motor
vehicle, taken during the course of those services, unless it is
established that such decisions or actions were grossly negligent, not
made in good faith, or were made maliciously.
Enacted by Chapter 92, 1979 General Session
63-30b-3. Action under Governmental Immunity Act permitted.
Nothing in this chapter shall preclude legal action against a
public entity for any injury occurring as a result of the decisions or
actions taken by a person performing services on a voluntary basis for
that entity, where such action would otherwise be permitted under
Title 63, Chapter 30, Utah Governmental Immunity Act.
Amended by Chapter 20, 1995 General Session
63-30b-4. Applicability of act. This act shall apply to any actions
or decisions taken subsequent to the effective date of this act.
Enacted by Chapter 93, 1979 General Session
A person who renders emergency care at or near the scene of, or
during an emergency, gratuitously and in good faith, is not liable for
any civil damages or penalties as a result of any act or omission by
the person rendering the emergency care, unless the person is grossly
negligent or caused the emergency. As used in this section,
"emergency" means an unexpected occurrence involving injury,
threat of injury, or illness to a person or the public, including
motor vehicle accidents, disasters, actual or threatened discharges,
removal, or disposal of hazardous materials, and other accidents or
events of a similar nature. "Emergency care" includes actual
assistance or advice offered to avoid, mitigate, or attempt to
mitigate the effects of an emergency.
Amended by Chapter 211, 1987 General Session
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