ABSTRACT
Good Samaritans are individuals who voluntarily and willingly provide emergency assistance to relieve the imminent peril of a stranger. Their innate altruism and compassionate instinct are often applauded by the society. Nonetheless, what happens if the position of the stranger has worsened due to the Samaritan’s conduct? Can such a person initially in peril institute a suit against the Samaritan? Are these Samaritans protected under the law, and what will be their respective liabilities, if any? This article represents the first serious attempt in the literature to evaluate whether there is a need to enact a specific statute to govern Good Samaritan in Malaysia. Using content analysis as the methodology of research, this article explains the legal position of Good Samaritan law in Malaysia. A comparative study is made on the legal position in the United Kingdom, and thereafter the article provides an analysis on this area of law.
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Aziz, Mohammad Firdaus Bin Abdul and Kho, Feng Ming and Ting, Kho Yii, Does Malaysia Need Good Samaritan Law: a Critique (January 1, 2021), [2022] 4 Malayan Law Journal, articles lxxxiii.
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