§ 9:2793 — Gratuitous service at scene of emergency; limitation on liability

Louisiana § 9:2793

• Jurisdiction: Louisiana
• Title 9: Civil Code-Ancillaries

Text

§2793. Gratuitous service at scene of emergency; limitation on liability
A. No person who in good faith gratuitously renders emergency care, first aid or
rescue at the scene of an emergency, or moves a person receiving such care, first aid or
rescue to a hospital or other place of medical care shall be liable for any civil damages as a
result of any act or omission in rendering the care or services or as a result of any act or
failure to act to provide or arrange for further medical treatment or care for the person
involved in the said emergency; provided, however, such care or services or transportation
shall not be considered gratuitous, and this Section shall not apply when rendered incidental
to a business relationship, including but not limited to that of employer-employee, existing
between the person rendering such care or service or transportation and the person receiving
the same, or when incidental to a business relationship existing between the employer or
principal of the person rendering such care, service or transportation and the employer or
principal of the person receiving such care, service or transportation. This Section shall not
exempt from liability those individuals who intentionally or by grossly negligent acts or
omissions cause damages to another individual.
B. The immunity herein granted shall be personal to the individual rendering such
care or service or furnishing such transportation and shall not inure to the benefit of any
employer or other person legally responsible for the acts or omissions of such individual, nor
shall it inure to the benefit of any insurer.
C. For purposes of this Section, rendering emergency care, first aid, or rescue shall
include the use of an automated external defibrillator as defined by R.S. 40:1137.2