Let’s face it: there are risks to riding motorcycles. Tackling different terrains, travelling to remote places, exposed to the elements… we’re more vulnerable than other road users.
Accordingly, many riders are trained in first aid. In the event of an accident, first aid skills are incredibly useful – in fact, they can be life saving.
But have you ever thought about the legal side of being a first aider? Like…
- If you’re trained in first aid, do you have to help someone in trouble?
- If you render first aid, can you be sued if something goes wrong?
Read on to learn more.
Note: The content in this article relates to the law in Queensland. The law in other states and territories can vary significantly.
obligation to assist
If you’re trained in first aid, do you have to help someone in trouble?
Well, it depends.
There is no automatic obligation on first aiders to render assistance simply because they are trained in first aid. However, an obligation may be imposed on first aiders in certain circumstances.
Default position: No obligation
As mentioned above, a first aider does not have an automatic obligation to render assistance simply because they are trained in first aid.
Out in the community, for example, a first aider usually does not have an obligation to render assistance to a casualty.
Example
Bob is trained in first aid. Bob is riding his motorcycle along a twisty road when he sees a car up ahead swerve off the road and run into a tree. As he gets closer, he can see that the driver is unconscious.
Q: Does Bob have to stop and render first aid?
A: No. Bob does not have any obligation to stop and render first aid.
A first aider who has started first aid
Once a first aider starts first aid, they have an obligation to continue rendering first aid.
Example
From the previous example, if Bob started performing first aid for the unconscious driver, he takes on an obligation to continue performing first aid.
A first aider who has agreed to assist
If a first aider has agreed to render first aid (e.g. they have agreed to be the nominated first aid officer in their workplace), they have an obligation to render first aid consistent with their obligation.
Example
Amy is trained in first aid. Amy volunteered to be the first aid officer for the repair shop where she works. One day, Amy’s co-worker, Ben, collapses at work.
Q: Does Amy have to render first aid to Ben?
A: Yes. Since she accepted the role of first aid officer in her workplace, she has an obligation to render first aid to persons in her workplace (including Ben).
liability of first aiders
If you render first aid, can you be sued if something goes wrong?
Yes, but only if you are negligent.
If a first aider is negligent in rendering first aid, and their negligence results in an injury or harm to another person, they may be liable for the injury or harm caused.
In other words, if a first aider negligently renders first aid to a casualty, and their negligence causes harm or injury to the casualty, the casualty may pursue a civil claim against the first aider for compensation for any loss arising from the injury or harm.
For a casualty to successfully pursue a claim for compensation against a first aider, they must prove:
- The first aider owed the casualty a duty of care
- The first aider breached their duty of care
- As a result of the breach, the casualty suffered injury or harm
- As a result of the injury or harm, the casualty suffered loss
When does a first aider owe a duty of care to a casualty?
In circumstances where a first aider has an obligation to render first aid (such as where they are a nominated workplace first aid officer), a first aider has a duty of care to a casualty to render first aid. In other words, their duty is to commence first aid.
In all other circumstances, a first aider only owes a duty of care to casualty once they have started rendering first aid.
What is the duty of care?
Once a first aider commences first aid, they have a duty to provide a reasonable standard of care in carrying out the first aid. A “reasonable standard of care” generally means acting in accordance with first aid training.
A first aider is not expected to go beyond the scope of their training (and they shouldn’t).
What constitutes a breach of duty of care?
A first aider will breach their duty of care if they fail to exercise a reasonable standard of care in accordance with their training.
A breach could include:
- Starting first aid and then stopping for no reason
- Failing to follow the first aid protocols they have been taught
- Going beyond their training
- Causing further injury unnecessarily
Let’s look at some examples.
Example
Olivia is trained in first aid. Olivia rode her motorcycle to a popular café for motorcyclists. While she is there, she starts to chat with a group of riders including Blake.
Partway through the conversation, Blake clutches his chest, falls to the ground, and stops breathing.
Olivia immediately begins to render first aid, and decides it is necessary to start cardiopulmonary resuscitation (CPR). She performs CPR until paramedics arrive and take over.
Blake survives, but he finds out that two of his ribs were fractured during CPR. He decides to sue Olivia for compensation for his rib fractures.
Q: Is Olivia liable for Blake’s fractured ribs?
A: No. It is not usual for ribs to be fractured during CPR, and Olivia was acting in accordance with her first aid training. So, Olivia is not liable for Blake’s fractured ribs.
Example
Jeremy is trained in first aid. Jeremy is riding his motorcycle alongside his friend, Lucy. Lucy hit a pothole in the road, flew off her motorcycle, and landed on the road.
Jeremy pulled up and asked Lucy if she was okay. Lucy said that her shoulder really hurt, and she thought it might be dislocated.
Instead of seeking assistance from a medical professional, Jeremy tried to pop Lucy’s shoulder back into place. In doing so, he pinched a nerve in Lucy’s shoulder.
Lucy suffered long term pain because of the pinched nerve. Lucy sued Jeremy for compensation for her pinched nerve.
Q: Is Jeremy liable for Lucy’s pinched nerve?
A: Yes. Jeremy acted outside the scope of his first aid training. He could have easily taken Lucy to see a medical professional since her condition was not life threatening. Instead, he chose to take action that he was not qualified for, and caused Lucy a further injury.
Should you be afraid to render first aid?
No! As long as you act in accordance with your first aid training, there is no reason to be fearful of rendering first aid (from a legal perspective).
Take home messages
- First aiders usually don’t have an obligation to render first aid, unless they have accepted an obligation (e.g. they accept a first aid officer role)
- Once a first aider begins rendering first aid, they have a duty to exercise a reasonable standard of care
- If a first aider is negligent in rendering first aid, they may be liable for resulting loss
- If a first aider acts within the scope of their training, they are at low risk of being liable for any loss
If you have further questions about the legal side of first aid, feel free to contact us.
If you have further questions about first aid generally, feel free to contact SMART Rider.