People often ask if they can get into trouble for giving first aid. Thankfully this is highly unlikely, particularly if you are doing your best and following recognised guidance. If you are kind enough to stop and administer first aid to someone, or need to give them CPR, the last thing you want to be worrying about is if you will get sued.
However, it is sadly a common fear which too often prevents people from helping others. Less than one in ten people survive an out of hospital cardiac arrest. This number could be drastically improved if more people felt confident enough to step in and help and perform CPR if needed.
This article has not been written by a legal professional so any interpretation of the law should should only be taken as guidance and nothing more. However, please be reassured, that the law is on your side and we really do need people to step up and help. In the UK there has never been a successful prosecution of a bystander who has genuinely been trying to help someone in need.
The SARAH Act:
The SARAH Act, more formally known as the Social Action, Responsibility and Heroism Act, was passed in February 2015. It was passed with the intention of alleviating any fear people had around legal liability and first aid. As a result, it provides a legal layer of reassurance. In combination with common law, it is highly unlikely that someone could be sued for providing first aid as long as they are acting responsibly and heroically.
How Do I Know If I Am Acting Responsibly and Heroically?
To face a lawsuit, you would have to act in both a dangerous and malicious way whilst providing first aid. Any first aider who has completed a first aid course and acts within their knowledge and understanding to help someone, should be protected by the law.
If you serve as a trained first aider for your workplace, your employer’s liability insurance covers you to provide first aid at work. Ultimately, there has never been a successful case of suing a first aider in the UK.
About us
Written by Emma Hammett for First Aid for Life. To understand what to do in a medical emergency, we strongly advise that you attend a fully regulated Practical or Online First Aid course. Please visit firstaidforlife.org.uk or call 0208 675 4036 for more information about our courses.
First Aid for Life is a multi-award-winning, fully regulated first aid training provider. Our trainers are highly experienced medical, health and emergency services professionals. They will tailor the training to your needs. Courses for groups or individuals at our venue or yours.
First Aid for life provides this information for guidance and it is not in any way a substitute for medical advice. First Aid for Life is not responsible or liable for any diagnosis made, or actions taken based on this information.
Many thanks Emma – what’s the rules in Scotland – as the SARAH Act is not applicable here!
While the Social Action, Responsibility and Heroism Act 2015 (SARAH) specifically applies only to England and Wales, Scotland has its own legal framework and common law principles that similarly encourage social action. Scottish courts consider the context of negligence claims, including if a person was acting for the benefit of society.
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Key Considerations in Scotland:
Volunteering: Similar protections for volunteers acting in good faith exist, often framed through the context of “reasonable” behaviour under Scots negligence law.
Context of Actions: The principle of recognizing “social action” (helping others) is integrated into how Scottish courts assess duty of care and negligence.
Purpose: The goal, like the SARAH Act, is to prevent potential rescuers from being unfairly penalised for acting responsibly.