§ 25-21,186.Emergency care at scene of emergency; persons relieved of civil liability, when.
Article 21: Special Proceedings and Actions · Last amended 2020 · Last verified July 22, 2026
Full Text of § 25-21,186
Source
Laws 1961, c. 110, § 1, p. 349; Laws 1971, LB 458, § 1; R.S.1943, (1979), § 25-1152; Laws 2020, LB832, § 1.
Plain-English Summary
Section 25-21,186 is Nebraska’s Good Samaritan protection for emergency care. A person who renders emergency care at the scene of an accident or other emergency, without charge, is not held liable for civil damages resulting from any act or omission in giving that care. The protection also covers a failure to act, or a failure to provide or arrange for medical treatment for the injured person, so the statute reaches both what the rescuer did and did not do at the scene.
The word gratuitously is doing real work here: the immunity belongs to someone who steps in without expecting or receiving payment, not to someone rendering care as part of a paid professional role at the scene. Strip away the compensation element, and the statute’s protection follows a volunteer rescuer through the full range of decisions made in the moment, including whether and how to seek further medical help for the injured person.
The section also addresses a specific, modern scenario: a person who enters a motor vehicle to remove a child, where entering the vehicle and removing the child is necessary to avoid immediate harm to the child, is treated as rendering emergency care at the scene of an accident or other emergency for purposes of this immunity. That extension recognizes that a hot or otherwise dangerous vehicle can itself be the emergency, even without a separate accident triggering it.
Frequently Asked Questions
Does this section protect someone who gets paid for helping at the scene of an accident?
No. The immunity applies to a person who renders emergency care gratuitously, without the expectation or receipt of payment.
What type of conduct is protected under this section?
Any act or omission in rendering emergency care at the scene, and any act or failure to act to provide or arrange medical treatment for the injured person.
Does breaking a car window to rescue a child count as emergency care under this section?
Yes. Entering a motor vehicle to remove a child, when doing so is necessary to avoid immediate harm to the child, is treated as rendering emergency care at the scene under this section.
Is there a limit on the type of emergency this section covers?
The section covers the scene of an accident or other emergency generally, and specifically extends to the vehicle-entry scenario described for removing an endangered child.
Does this immunity cover a decision not to seek further medical help for the injured person?
Yes. The section covers a failure to act to provide or arrange for medical treatment or care for the injured person, not only affirmative acts taken at the scene.
Who is excluded from this protection?
The section protects a person rendering care gratuitously; someone rendering the same care for compensation falls outside the terms of this immunity.