Legal Definitions - rescue doctrine

The rescue doctrine is a legal principle that holds a person responsible for injuries sustained by someone who reasonably attempts to rescue another person from a dangerous situation that the first person negligently created.

In simpler terms, if someone acts carelessly and puts another person in harm's way, and a third party bravely steps in to help the endangered individual, the original negligent party can be held accountable for any injuries the rescuer suffers during their reasonable attempt to save the day. The law recognizes that rescuers, acting out of a natural human impulse to help, should not be left to bear the costs of injuries caused by the initial negligence of another.

• Example 1: Car Accident

  A driver, distracted by their phone, runs a red light and collides with another vehicle, causing it to flip over and trap the occupant inside with a fuel leak. A bystander, witnessing the crash and the immediate danger, rushes to the overturned car to pull the injured driver to safety. In doing so, the rescuer slips on spilled oil and breaks their arm.

  How it illustrates the term: The distracted driver's negligence created the dangerous situation. The bystander reasonably attempted to rescue the trapped driver. Because the rescuer was injured during this reasonable attempt, the distracted driver could be held liable for the rescuer's broken arm under the rescue doctrine.

• Example 2: Hazardous Construction Site

  A construction company negligently fails to secure a large, heavy piece of equipment at a building site, leaving it precariously balanced. A worker accidentally bumps the equipment, causing it to begin toppling towards a colleague. Another worker, seeing the imminent danger, shoves their colleague out of the way but is struck and injured by a falling part of the equipment themselves.

  How it illustrates the term: The construction company's negligence created the hazardous condition. The second worker reasonably intervened to save their colleague. Since the rescuer was injured while preventing harm to another, the construction company could be held responsible for the rescuer's injuries.

• Example 3: Unsecured Pet

  A dog owner negligently leaves their large, aggressive dog unleashed and unsupervised in a public park, despite knowing the dog has a history of aggression. The dog suddenly attacks a small child playing nearby. A parent, seeing their child in distress, immediately intervenes to pull the dog off the child, sustaining severe bites and scratches in the process.

  How it illustrates the term: The dog owner's negligence in failing to control their aggressive pet created the dangerous situation for the child. The parent reasonably attempted to rescue their child from the attack. The rescue doctrine would allow the parent to seek compensation from the dog owner for the injuries they suffered while protecting their child.