Del. P.J.I. Civ. § 10.7

GOOD SAMARITAN

Under Delaware law, if a person voluntarily renders first aid or rescue

assistance to a another person who is unconscious, ill, injured, or in need of rescue

assistance, or any person in obvious physical distress or discomfort — without

expecting compensation from the person being helped — the helper is not liable for

damages for injuries alleged to have been sustained by the person helped, or for the

death of that person, alleged to have occurred by reason of the attempt to help, unless

the helper caused injuries or death by acting willfully, wantonly, recklessly, or with

gross negligence.

If you find that [plaintiff’s name]’s injuries were caused by [defendant’s

name]’s conduct, but that [defendant’s name] was voluntarily providing emergency

treatment to [plaintiff’s name] without expecting compensation, then you must find

for [defendant’s name]. But if you find that [defendant’s name] acted with gross

negligence, recklessness, wantonness, or willfulness, then you must find for

[plaintiff’s name].