New measures designed to help people who step in to do good deeds in dangerous circumstances have become law in England and Wales.
The Social Action, Responsibility and Heroism (SARAH) Bill, which received Royal Assent on 12 February, has been introduced following concerns that people may have been deterred from doing good deeds for fear of legal action if something went wrong.
The Ministry of Justice said the Act provided reassurance to employers and volunteers that the courts would take into account the context of a negligent action that caused an accident, providing greater protection to small business owners and others who, even if they had taken a responsible approach to safety training and procedures, might face negligence claims.
Justice Secretary Chris Grayling said: “Not only have responsible small businesses been stifled by unnecessary insurance costs and the fear of being sued but volunteers have been deterred from taking part in socially beneficial activities and brave people have been put off from helping someone in trouble.”
“This much-needed change to the law will encourage responsible employers to stand up to speculative and opportunistic claims, and will help reassure good deed doers who come to the aid of those in difficulty.”
“This Act restores a balance to counter the health and safety culture, and provides valuable reassurance to people that courts will take full account of the context of their actions if someone is sued after acting in a socially beneficial way.”
The new law means that judges must consider three additional factors when assessing liability in a negligence claim:
- whether the person being sued was doing something for the benefit of society, such as volunteering, organising an event or trip or clearing snow;
- whether they had acted in a “predominantly responsible way”, i.e. that an accident happened despite their best efforts; and
- whether they were helping someone in danger or in an emergency but something went wrong.
The government is now putting arrangements in place to fully implement the Act.
Palmers’ partner Jeremy Sirrell, whose expertise includes health and safety prosecutions, said: “The legislation should increase protection for employers from civil claims by employees over injuries and accidents. However, it is important to remember that a workplace accident or injury could still expose employers to a criminal prosecution for failing to fully comply with health and safety law, with potentially serious financial and reputational consequences.
“At Palmers, we can provide expert advice on health and safety compliance and representation in health and safety-related interviews and prosecutions. For more information, please contact our health and safety team.”