Good Samaritan law

First Aid & CPR South Dakota

The Good Samaritan: compassion and protection

Drawn from the Bible (Luke 10:25-37), the parable of the Good Samaritan tells of a traveller left for dead who is rescued by a stranger that tends to him and sees to his care. Beyond its religious context, it carries a universal message: the moral duty to help others in danger, through compassion and altruism.

Inspired by this principle, many so-called Good Samaritan laws have been enacted around the world to protect those who assist in good faith during an emergency from legal action. The exact scope of that protection, however, varies from one jurisdiction to another: here is what the law applicable to your region provides.

Statute citation

Governing act SDCL § 20-9-4.1 (Good Samaritan law). A separate immunity for health-care professionals is codified at SDCL § 20-9-3.
Scope of protection Protects any person who in good faith and without compensation renders emergency care at the scene of an emergency. Immunity does not apply where the injury results from gross negligence or willful or wanton misconduct.
Duty to rescue No
AED liability protection Protected
Statute SDCL §§ 20-9-4.3 to 20-9-4.8: any person who in good faith uses, attempts to use, or chooses not to use an AED in rendering emergency care is immune from civil liability, except for gross negligence or willful or wanton misconduct.
No legal duty to rescue AED protection

Your protection under the law

In South Dakota, the Good Samaritan law (SDCL § 20-9-4.1) protects anyone who in good faith and without pay renders emergency care at the scene of an emergency. Immunity falls away only for gross negligence or willful, wanton misconduct. For defibrillators, SDCL §§ 20-9-4.3 through 20-9-4.8 go further still: whether you use the AED, attempt to use it, or choose not to, you remain covered.

No duty to act, but every reason to

South Dakota imposes no duty to rescue a stranger; stepping in stays a free decision. The law isn't trying to force your hand, but to reassure you once you've made the call — going so far as to cover even hesitation over an AED. Nothing compels you to act, yet everything encourages you to.

Why training matters

When the law covers even holding back out of fear, it's telling you something: the only real failure would be having no idea what to do. Across South Dakota's wide distances, an ambulance can take long minutes to reach a farm or a lonely stretch of road, and those minutes belong to the bystanders. Learning CPR and how to use an AED means you can act with calm and method instead of standing by. Here, skill counts every bit as much as courage.