Help! Considerations for the Good Samaritan

When disasters occur, whether natural or man-made, state and local governments often lack the resources and personnel to respond adequately to the resulting challenges. Architects and engineers are particularly helpful in assessment and recovery efforts following disasters, and while many architects and engineers are willing to volunteer their services, this generosity may expose them to liability despite their best efforts and good intentions. While a majority of states have Good Samaritan laws protecting professionals that provide emergency assistance during disasters, the extent to which these laws protect architects and engineers varies greatly from state to state. 

What are Good Samaritan Laws?

• • Generally, when a professional provides services, either gratuitously or for a fee, the law offers little protection if that professional is negligent in performing their services.
  • Recognizing the need for professional assistance during times of crisis, many states have passed Good Samaritan laws granting doctors and other professionals immunity from liability for negligent acts committed while voluntarily providing emergency services. It is often unclear, however, whether the protection provided by these laws extends to architects and engineers. This uncertainty and the risk of being sued has discouraged some risk-averse architects and engineers from offering help.
  • As a result, approximately 40 states have passed Good Samaritan laws that specifically protect architects and engineers, but these statutes differ greatly as to the type of immunity they provide and whom they cover. For example:
    • California’s statute grants immunity only to architects who voluntarily provide structural inspection services within 30 days of a declared emergency.
    • Arkansas’ statute grants immunity only to architects and engineers who voluntarily provide services during or within 90 days of a declared emergency.
    • Massachusetts’ statute offers the broadest protection, granting immunity to licensed engineers, architects, environmental professionals, landscape architects, planners, land surveyors and contractors who voluntarily provide services including engineering, architectural, environmental, waste site cleanup and other professional design services within 90 days following a disaster.
    • Most of these laws do not provide immunity for gross negligence, willful misconduct or intentional wrongdoing.
    • Currently, no federal law protects architects, engineers or construction volunteers following an emergency.

What Should You Do Before Volunteering Your Services?

• • Find out if your state has a Good Samaritan law and, if so, what kind of protection it offers. The American Institute of Architects (AIA) offers a useful resource, the Good Samaritan State Statute Compendium, that provides updated information on the laws for each state.
  • Enroll in disaster assistance training. Some states and the AIA offer training programs on how to conduct post-disaster damage assessments that can enhance an architect or engineer’s protection from liability.
  • Get a written agreement for your services if possible (even if you are not charging a fee) that includes a waiver of liability.