The Good Samaritan Bill under Maltese Legislation : an overview

Abstract

The objective of this dissertation is to focus on the Civil Code Amendment Bill and Criminal Code Amendment Bill, also known as the Good Samaritan Bill, which specifically provides for immunity from liability to individuals who help other individuals who are in actual and imminent danger provided they do not act with gross negligence and intent. This dissertation starts off by defining negligence from the concept of medical liability, specifically taking into account the term negligence from the tort liability. The degrees of negligence are also analysed in respect of which degrees of negligence can still result in liability. This is also viewed in light of Maltese case law relating to tort liability. The Law of Good Samaritan is also analysed from a comparative perspective analysing several other jurisdiction and how do they deal with this legal concept in their legal system. This was mainly analysed in light of European countries. Apart from the Civil aspect of Bill 47 of 2018, the criminal aspect was analysed in light of the case law including that of Concetta Decelis Et, whereby although to date the duty of care does not exist in the Maltese legal system, this has still been debatable by the Maltese Courts. A conclusion is drawn up to include the essential themes discussed in the dissertation as well as the issues which require close attention.