Rescue Doctrine


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Rescue Doctrine

The principle that one who has, through her Negligence, endangered the safety of another can be held liable for injuries sustained by a third person who attempts to save the imperiled person from injury.

This doctrine is based on the idea that danger invites rescue. It also provides that one who sees a person in imminent and serious peril as the result of the negligence of another cannot be charged with contributory negligence, as a Matter of Law, in risking his own life or serious injury in attempting a rescue, provided the attempt is not recklessly made.

Cross-references

Good Samaritan Doctrine.

rescue doctrine

n. the rule of law that if a rescuer of a person hurt or put in peril due to the negligence or intentional wrongdoing of another (the tortfeasor) is injured in the process of the rescue, the original wrongdoer is responsible in damages for the rescuer's injury. Sydney Sparetire speeds on a mountain highway, and skids in front of Victor Victim, running Victim's car off the bank, trapping Victim in the vehicle. Raymond Rightguy stops, ties a rope to the grill of his car, slides down and extricates Victim, but on the way up slips and breaks his arm, and then finds the grill is badly bent. The negligent Sparetire is liable to Rightguy for his broken arm (including medical expenses, loss of wages and general damages for pain and suffering) as well as the property damage to the car grill. (See: damages)

References in periodicals archive ?
The application of the Prevented Rescue doctrine to patent owners is now somewhat conceivable.
Two other concerns are worth briefly considering: economic incentives and other parties implicated in the application of Prevented Rescue doctrine to drug companies.
White, Note & Comment, No Good Deed Goes Unpunished: The Case for Reform of the Rescue Doctrine, 97 Nw.
In fact, he was a pioneering leader in the field and helped save countless lives while shaping Coast Guard rescue doctrine.
To say that "rights" are the determining factor in duty to rescue doctrine means little, however, without articulating several theories behind the concept of rights and duties.
Recently, several courts have recognized that trade associations should be held liable for setting inadequate safety standards.(6) These decisions have been based on the rescue doctrine and the Good Samaritan rule, which hold that one who voluntarily undertakes to assist another must do so carefully.
The basic principles of [sections] 324A are part of the rescue doctrine recognized in virtually every jurisdiction.(12)
Provost,(13) the court recognized a "rescue doctrine" exception to Miranda, where an urgent need presents no other course of action, the questions are necessary to preserve a human life, and rescue is the primary purpose and objective of the interrogators.
2006) this writer discussed the rescue doctrine as applicable in defense of a liability claim.