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SF 3688

Civil action against a person for failure to render aid in certain circumstances authorization provision

2025-2026 Regular Session Introduced by Liz Boldon and 3 co-sponsors

Bill authorizes civil lawsuits against individuals who fail to provide aid in specified emergencies, potentially imposing legal duty to rescue in Minnesota.

Referred to Judiciary and Public Safety
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Bill Summary · SF 3688

Legislative bill overview

SF 3688 would authorize civil lawsuits against individuals who fail to provide aid or assistance in certain emergency circumstances. The bill creates a legal mechanism for people to sue others for inaction during situations where assistance could have prevented harm or death. This represents a departure from the traditional "no duty to rescue" principle in common law.

Why is this important

This bill addresses a contentious gap in legal responsibility: currently, most U.S. jurisdictions have no legal obligation for bystanders to help someone in danger, even if they could do so without risk. Passage would shift Minnesota law to potentially penalize inaction during emergencies, which could fundamentally change social and legal expectations around intervention. The practical impact depends heavily on how "certain circumstances" are defined—it could range from narrow specific scenarios to broad emergency situations.

Potential points of contention

  • Definition scope: What qualifies as circumstances triggering a duty to aid? Overly broad language could expose ordinary people to lawsuits for not intervening in complex situations, while narrow language limits practical effect.
  • Liability and causation: How would courts determine if someone's failure to act directly caused harm, versus other contributing factors? This creates significant legal uncertainty.
  • Duty vs. Good Samaritan balance: The bill creates liability for inaction while states typically protect those who do help (Good Samaritan laws)—these provisions need careful coordination to avoid discouraging rescue attempts.

Compiled from official sources — confirm details with the bill’s official record.

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