Simple English definitions for legal terms
Read a random definition: W.D.
The rescue doctrine is a rule in tort law that says people don't have to help others in danger, but if they caused the danger, they have a duty to rescue. For example, if someone encourages another person to jump into a dangerous area and that person gets hurt, the encourager has a duty to help. However, if someone tries to help but does it badly and makes things worse, they can be held responsible for their mistakes. Some places have laws that say people should help others in danger, even if they didn't cause the danger.
The rescue doctrine is a legal principle that states that if an individual negligently creates a situation that puts another person in danger, they may have a duty to rescue that person. This means that if someone causes harm to another person, they may be responsible for rescuing them from harm.
One example of the rescue doctrine is the case of Yania v. Bigan. In this case, strip-mine operators urged a visitor to jump into a cut with water, which was about 8-10 feet deep. The visitor jumped in response to their urging and drowned. The court found that the strip-mine operators had a duty to rescue the visitor because they had created the situation that put him in danger.
Another example is the case of Zelenko v. Gimbel Bros., Inc. In this case, shop owners began to render medical assistance to an ill customer. However, they left her alone for many hours after initially rendering care, and she died. The court found that the shop owners were liable for her death because they had initiated a rescue attempt but were negligent in their care.
The rescue doctrine is based on the idea that if someone creates a dangerous situation, they should be responsible for helping to resolve it. In the case of Yania v. Bigan, the strip-mine operators created a situation where the visitor was in danger, and therefore had a duty to rescue him. In the case of Zelenko v. Gimbel Bros., Inc., the shop owners initiated a rescue attempt but were negligent in their care, which led to the customer's death.
Overall, the rescue doctrine is an important legal principle that helps to ensure that people are held responsible for their actions and are required to help others in need when they create a dangerous situation.