Under Pennsylvania law, there are many circumstances in which, although someone is injured, a lawsuit against the responsible party is not permitted due to a statute granting Immunity.  Immunity is designed to encourage helpful acts by removing the threat of potential legal liability.  The following are some of the common Immunity statutes in Pennsylvania.

Medical Good Samaritan
A doctor, nurse or other medical professional who renders aid at the scene of an emergency is protected from liability, except in cases of intentional harm or gross negligence.

Veterinary Good Samaritan
A licensed veterinarian who renders emergency aid is immune except in cases of intentinal harm or gross negligence.

Use of an Automated External Defibrillator (AED)
Anyone trained to use an AED is protected from liability except in cases of intentional harm or gross negligence.

Criminal Victim Good Samaritan Act
Anyone who provides aid for a victim of a personal injury crime enjoys Immunity from liability absent intentional harm or gross negligence.

Nonmedical Good Samaritan
Anyone holding appropriate proof of training in first aid is immune from liability when rendering emergency care, first aid or rescue at the scene of an emergency absent intent to harm or gross negligence.

Manager, Coach, Umpire or Nonprofit Association Immunity
Anyone who, without compensation, renders services as a manager, coach, instructor, umpire or referee or who assists any of the above is immune from liability unless their conduct fails substantially below the standards generally practiced by similar persons and there was reason to know that there was a substantial risk of harm to a person or property.  A nonprofit association which sponsors a sports program enjoys similar Immunity from liability.

School Officers or Employees — Drug or Alcohol Abuse Reporting
Any officer or employee of a school who reports drug or alcohol abuse of a student to another person at the school, a parent, legal guardian or spouse of the student or who refers the student for treatment or disciplinary action shall not be liable for actions taken in good faith.  Only in cases of intent to harm or gross negligence can any action be taken against them.

School Officers or Employees — Emergency Care, First Aid and Rescue
Any school officer or employee who, in good faith, renders emergency care, first aid or rescue is immune except in cases of intent to harm or gross negligence and in the case of serious harm.

Donated Food and Grocery Products
A person is not subject to civil or criminal liability for the condition of apparently wholesome food or grocery products donated in good faith to a nonprofit, absent gross negligence, recklessness or intentional misconduct.

Employer Immunity — Disclosure of Information
An employer who discloses information about a current or former employee’s job performance to a prospective employer is immune unless it can be established by clear and convincing evidence that (1) the employer knew or should have known the information was false; (2) the employer knew it was materially misleading; or (3) the information should not have been disclosed because its disclosure was prohibited by a contract with the employee or another law.

Tim is a graduate of Widener University School of Law (J.D.) and the Temple University Beasley School of Law (Master’s Degree in Trial Advocacy).  Tim focuses his practice in Personal Injury law, including car, truck, motorcycle, bicycle and pedestrian accidents, slip and falls, dangerous products/products liability cases, and medical malpractice.  Tim is a partner in the Chester County, PA, law firm of MacElree Harvey and has offices in Kennett Square and West Chester, PA, and Centreville, DE. 

Tim is the author of numerous publications on Personal Injury law and writes a Blog providing news and information on Personal Injury law at www.macelree.com/traynelaw and is a columnist for The Kennett Paper writing a column titled “Legal Lines.”  Tim has also published two books on Personal Injury law:  “A Lawyer’s Guide to Purchasing Car Insurance” and “A Lawyer’s Guide to Personal Injury Cases.”  In 2007, Tim was named by Main Line Today magazine as one of the area’s Top Personal Injury Litigators.  In addition, Tim is a member of the Million Dollar Advocates Forum which recognizes the “Top Trial Lawyers in America,” with membership limited to attorneys who have won million dollar awards and settlements on behalf of their clients.

Tim can be reached by phone at 610-840-0124, by email at trayne@macelree.com or on his Blog at www.macelree.com/traynelaw.

This entry was posted on Thursday, October 9th, 2008 at 2:09 pm and is filed under Civil Litigation. You can subscribe via RSS 2.0 feed to this post's comments. You can comment below, or link to this permanent URL from your own site. Your comments will appear immediately, but I reserve the right to delete innapropriate comments.