Good Samaritan Laws in Hawaii (2026): When Helping Is Safe

Picture this. You’re driving on the Pali Highway and you see a crash ahead. Someone is hurt. Your first thought is to help. Your second thought? “Wait, could I get sued for this?”

You’re not alone. That worry stops a lot of people from stepping in. Hawaii has laws that answer it, and once you know them, helping gets a whole lot easier.

What Are Good Samaritan Laws?

Good Samaritan laws protect people who help during an emergency. The idea is simple. If you try to save someone and something goes wrong, you shouldn’t be punished for trying.

Hawaii’s main Good Samaritan law is found in Hawaii Revised Statutes section 663-1.5. “Hawaii Revised Statutes” just means the state’s book of laws. People often shorten it to HRS.

The law is called “Exception to liability.” Liability means being legally responsible for money damages. So the title basically says: here’s when you don’t have to pay.

Okay, that’s the big picture. Now let’s break down how it actually works.

The Basic Rule in Hawaii

Who Gets Protected

Under HRS 663-1.5(a), any person who in good faith gives emergency care, without pay or expectation of pay, at the scene of an accident or emergency, is not liable for civil damages from their acts or omissions.

Notice the word “person.” Not “doctor.” Not “nurse.” Any person. That includes you.

Three things have to line up. You must act in good faith. You must not be getting paid. And you must be at the scene of an accident or emergency.

Wondering what “good faith” means? The law spells it out. It includes a reasonable opinion that the situation is urgent enough that care should not be postponed.

In plain English: you honestly believed someone needed help right then. That’s it. So simple.

The One Big Exception

Here’s where you need to pay attention.

The protection does not apply to damages caused by gross negligence or wanton acts or omissions.

Regular mistakes are covered. Cracking a rib during CPR? Covered. Moving someone the wrong way in a panic? Almost always covered.

Gross negligence is different. That’s a huge, reckless failure to care about someone’s safety. Think of it like the difference between a fender bender and street racing through a school zone. Both involve a car. Only one shows you stopped caring.

Makes sense, right? The law rewards trying. It doesn’t excuse recklessness.

Hawaii’s Special Protections

This is the part most people miss, honestly. Hawaii’s law goes way beyond the basic bystander rule.

AEDs and Defibrillators

An AED is that small machine on the wall in airports and malls. It shocks a heart back into rhythm.

Anyone who in good faith and without pay uses an AED to try to revive someone in immediate danger of losing their life is protected from civil damages, no matter where the AED is located. The gross negligence exception still applies.

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Businesses get a break too. Any person or employer who provides an AED or an AED training program is not vicariously liable for what their employees do while trying to revive someone in good faith.

Vicariously liable is a fancy way of saying “blamed for someone else’s actions.” Yep, that’s all it means.

Rescue Tubes at the Beach

Now this one is very Hawaii.

Rescue tubes are the bright orange floats mounted near beaches and shorelines. Volunteers put thousands of them across the islands.

The law protects anyone who in good faith and without pay tries to rescue a person in immediate danger of losing their life using a rescue tube, regardless of where that tube is located.

Property owners are covered too. Owners or operators of premises next to navigable waters where a rescue tube is stored are not liable for damages related to the storage, maintenance, or use of the tube.

That protection was added to the law in 2018. It removed the last excuse for not putting tubes on the beach. Personally, I think this is one of the smartest laws the state has passed.

Doctors, Rescue Teams, and First Aid Guides

A few more groups get covered.

Licensed physicians and physician assistants who give free emergency care in a hospital to someone in immediate danger of death are protected, as long as they meet the standard of care expected of similar providers.

Rescue teams and physicians working in direct communication with them are also shielded when they act in good faith while trying to resuscitate someone.

And here’s an odd one people never expect. Anyone who publishes free written first aid information as a public service is protected from civil damages too.

Pretty broad, right?

The Rule That Surprises People: Duty to Assist

Hold on. This part is important.

Most states never require you to help a stranger. Hawaii is different in one specific situation.

Under HRS 663-1.6, any person at the scene of a crime who knows a victim is suffering serious physical harm must get or try to get help from law enforcement or medical personnel, if they can do so without danger to anyone.

Read that again. At the scene of a crime. Not a car wreck. Not a heart attack in a restaurant. A crime.

Violating this rule is a petty misdemeanor. In Hawaii, a petty misdemeanor can mean up to 30 days in jail and a fine of up to $1,000.

Notice what the law actually asks of you. It says get help. It does not say run into danger. The duty only applies if you can act without danger or peril to any person.

Calling 911 satisfies it. That’s usually all you need to do.

And if you do help? You’re protected from civil damages unless your actions were grossly negligent or wanton, or unless you were paid. If you fail to help, you still can’t be sued for civil damages, though the criminal penalty can apply.

I looked this rule up recently. It surprised me. It might surprise you too.

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Overdose Emergencies: A Different Kind of Protection

Let’s talk about a situation that gets people scared for a totally different reason.

Someone at a party overdoses. People hesitate to call 911. Why? They’re afraid of getting arrested.

Hawaii passed a law in 2015 to fix that. It’s HRS 329-43.6, and it’s called limited immunity for overdose prevention.

A person who in good faith seeks medical assistance for someone experiencing a drug or alcohol overdose cannot be arrested, charged, prosecuted, or convicted for possession of a controlled substance or drug paraphernalia. Their property also can’t be seized through civil forfeiture.

The protection covers more than just possession. It also covers certain prohibited acts involving liquor, violation of a restraining order, and violation of probation or parole, if the evidence came from the act of seeking help.

Here’s the best part. The overdose victim is protected too, whether they called for themselves or someone else called for them.

Not sure what counts as “seeking medical assistance”? The law is generous. It includes calling 911, reporting to law enforcement, calling poison control, contacting a medical provider, helping someone else make that call, or caring for the person while you wait for help to arrive.

And if some charge isn’t covered? The court must treat your decision to seek help as a mitigating factor, which means a reason to go easier on you.

What About Narcan?

Naloxone, often sold as Narcan, reverses opioid overdoses. It’s a nasal spray. Anyone can learn to use it in about two minutes.

Under HRS 329E-2, a person who acts in good faith and with reasonable care and gives an opioid antagonist to someone they believe is overdosing is immune from criminal prosecution, professional licensing sanctions, and civil liability. The same law says any person may lawfully possess an opioid antagonist.

Yes, you can carry it. Yes, you’re protected if you use it. Don’t let anyone tell you otherwise.

What These Laws Do Not Cover

Every law has edges. Let’s be honest about where Hawaii’s ends.

The protection is for volunteers. If you’re on the clock as a paramedic, lifeguard, or nurse, your job’s own rules apply instead. The statute says clearly that it does not relieve anyone of other legal duties around training staff or maintaining rescue equipment.

There’s also a limit courts have already tested. In a 2013 Hawaii Supreme Court case, the court explained that the bystander protection did not apply to a mall owner who already had a duty to help a person it knew was ill or injured on its property.

So if you already owe someone a duty of care, the Good Samaritan shield isn’t yours to hide behind. It’s for strangers stepping up, not for businesses stepping back.

How to Help Safely in Hawaii

Alright, practical time. Here’s what to actually do.

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Check the scene first. Is there fire, traffic, live wires, or heavy surf? Don’t become victim number two. The law never asks you to risk your own life.

Call 911 right away. This single step covers your legal duty in almost every situation. It also brings trained people fast.

Stay within what you know. If you’re CPR trained, use it. If you’re not, do what a reasonable person would do and wait for help. You’re not expected to perform surgery on the sidewalk.

Grab the tools around you. Use the AED on the wall. Grab the rescue tube from the stand. Both are legally protected uses.

Stay with the person until help arrives. This matters more than people realize. Comfort counts as care.

Don’t accept payment. Money changes your legal status. Just don’t take it.

Trust me, that’s the whole checklist.

Frequently Asked Questions

Do I have to help someone in Hawaii?

Usually no. The one exception is at the scene of a crime, where you must get or try to get help for a victim suffering serious physical harm if you can do so safely.

Can I get sued if I hurt someone while helping?

Not for ordinary mistakes. You lose protection only for gross negligence or wanton acts, which means reckless behavior, not honest errors.

Am I protected if I use an AED I’ve never trained on?

Yes. The law protects good faith AED use regardless of where the device is located, and it does not require certification.

Will I be arrested if I call 911 for a friend’s overdose?

No. Hawaii’s overdose law protects both the caller and the person overdosing from arrest and prosecution for drug and paraphernalia possession when evidence comes from the call.

Does the protection cover me if I’m being paid?

No. Every part of HRS 663-1.5 requires that you act without remuneration or expectation of remuneration, which simply means without pay or the hope of pay.

Final Thoughts

Hawaii wants you to help. The law is written that way on purpose.

You’re covered for good faith mistakes. You’re covered when you grab an AED or a rescue tube. You’re covered when you call 911 during an overdose. The only thing that strips your protection is recklessness, and that’s a high bar.

So the next time you see someone in trouble, don’t freeze. Check that it’s safe, call 911, and do what you reasonably can.

Now you know the rules. If your situation gets complicated or you’re facing an actual claim, talk to a Hawaii attorney. But for the everyday moment on the roadside or at the beach? Go help.