Question:
I was wondering if our safety committee would benefit from being CPR certified, but am apprehensive due to the “Samaritan Law” saying they could be held accountable if anything goes wrong during CPR given during an emergency. Can my company be sued as well if my employee is sued by someone due to this scenario?
Answer:
In short: yes—offer CPR training. The Good Samaritan laws in most states give individual rescuers broad protection. With sensible policies and insurance in place, your company’s risk is minimal compared to the upside of a safer workplace.
Under the Texas Good Samaritan Act, “a person who in good faith administers emergency care … is not liable in civil damages for an act performed during the emergency unless the act is willfully or wantonly negligent.” So as long as your trained teammates act within their certification and without gross negligence, they’re shielded from civil suits if, say, chest compressions lead to a broken rib.
Who’s excluded: Someone who’s on duty as a healthcare provider—like an EMT or nurse performing their job—doesn’t get that lay-rescuer protection. But a volunteer safety committee member stepping in during an emergency is treated like any good Samaritan, not a professional responder.
Employers can be held vicariously liable for employees’ actions “within the scope of employment.” If you require the training and dispatch someone as part of their duties, an injured party could, in theory, sue the company too.
You can limit liability by:
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Using a reputable training provider (e.g., American Heart Association or Red Cross) and document completion.
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Adopt a clear policy stating that CPR responders act as volunteers and must follow their training protocols.
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Maintain equipment (AEDs, first-aid kits) regularly—failure to maintain gear can undercut Good Samaritan protections.
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Purchase appropriate liability insurance or add a “medical emergency response” endorsement.
I hope this helps.
Lisa Smith, SPHR, SCP
Note: This blog post is for informational purposes only and should not be construed as legal advice. Always consult with a legal professional for advice specific to your situation.
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