Good Samaritan Laws

During times of disaster, help is often needed to assess damage and rebuild communities. Architects are uniquely qualified to offer such services and frequently volunteer to assist in damage assessment and rebuilding efforts. Unfortunately, unless specific statutory protection exists, often times a professional’s act of good faith, can lead to liability risk. Architects and other professionals should not be penalized for volunteering their expertise, unless their actions result in gross negligence or willful misconduct.

Most states have enacted legislation to protect doctors and other volunteers from liability. However, a majority of states still do not specifically extend “Good Samaritan” protection to architects. Because of the role that architects serve as protectors of public safety and health in the built environment, it is imperative that provisions to protect volunteer architects are enacted in every state. Further, Good Samaritan Laws for architects must be in place before a disaster arises. This allows the community revitalization and recovery process to occur quickly and smoothly and helps ensure that communities receive the necessary care and assistance that they require in times of need.

Below is a map that illustrates the states that have enacted legislation to protect architects from liability when they volunteer their services during emergencies or government declared disasters.

If you have any questions or comments, e-mail Billie Kaumaya at bkaumaya@aia.org.

Good Samaritan Legislation in the States

Green  = States with legislation that protects architects from liability
Gray = States have broader protections for “volunteers”
White = States that have not enacted protections for architects

Notes:
The Good Samaritan provisions in Georgia and Kansas only apply to declared emergencies with damage resulting from catastrophic acts of nature, including natural disasters.

The Good Samaritan provisions in Tennessee and Utah only apply to declared national, state or local emergencies caused by a major earthquake.



To view the legislative text, click on the state.

Alabama – Licensed architects who participate in emergency response activities

Arizona – Members, agents and employees of the Board of Technical Registration volunteering professional services to emergency services personnel

California – Architects who provide structural inspection services

Colorado – Architects who render architectural assistance

Connecticut – The state, any political subdivision of the state, the agents or representatives of the state or any political subdivision, any member of the civil preparedness forces, any person authorized by such civil preparedness forces or by any member of such civil preparedness forces, or any person employed by or authorized to assist any agency of the federal government

Delaware – The State, any county in the State, any municipal corporation of the State, any other political subdivision of the State, any agency of any of them, the agents, employees or representatives of any of them engaged in emergency or disaster relief operations and activities in connection with any emergency or disaster or any person, firm, corporation or other entity performing work and/or furnishing material pursuant to a contract entered into as a result of the declaration by the Governor of an emergency order

Florida – Licensed professional who provide services for which no compensation is sought or received to such person during the period of a declared emergency; any person who gratuitously provides care, treatment, or service during emergency response activities

Georgia – Any natural person who voluntarily and without the expectation or receipt of compensation provides services during a time of emergency

Illinois – Any professional architect who, in good faith and without fee provides professional services in response to a disaster or catastrophic event.

Kansas – An architect, defined and licensed under K.S.A. 74-7003 et seq. and amendments thereto, or professional engineer, defined and licensed under K.S.A. 74-7003 et seq. and amendments thereto, who voluntarily, without compensation or expectation of compensation, provides structural inspection services - only within 90 days of the disaster

Kentucky – Employees, agents or representatives of the state and any volunteer or auxiliary emergency management agency or disaster and emergency services organization.

Louisiana – A registered and licensed architect who voluntarily, without compensation, provides architectural, structural, electrical, mechanical or other engineering services, or land surveying services

Maryland – Licensed architects while practicing architecture with regard to any structure or other architectural design, either publicly or privately owned

Michigan – The employees, agents, or representatives of this state or a political subdivision of this state and nongovernmental disaster relief force workers or private or volunteer personnel engaged in disaster relief activity

Missouri – Volunteer architects and professional engineers registered under chapter 327 who volunteer the use of their services and equipment

North Carolina – A professional architect who voluntarily, without compensation, provides structural, electrical, mechanical, or other architectural services

North Dakota – An architect who voluntarily provides architectural or structural, electrical, mechanical, or other engineering services

Oregon – An architect for services rendered by the architect

Pennsylvania – A design professional who, without compensation and as a volunteer, provides professional services

Rhode Island – An architect or engineer who voluntarily, without compensation, provides structural or building systems inspection services.

Tennessee – An architect or engineer who voluntarily, without compensation or expectation of compensation, provides structural or building systems inspection services

Utah – A licensed architect who provides structural inspection services

Virginia – A licensed architect who, in good faith and without charge or compensation, utilizes his professional skills

Washington – An architect or engineer serving as a volunteer emergency worker