What Is an Omission to Act?
An individual may be held liable even if there was not an explicit duty to act. For example, if an individual was drowning in a pool and another individual attempted to rescue them, the act of attempting to assist would create a duty to act to complete the rescue.
In this case, if the assisting individual gave up on rescuing the victim, which left them in a worse situation, they may be found liable. A duty that may not otherwise exist may be self-imposed on an individual if they are the cause of a situation that results in the victim’s position of danger.
In other words, if an individual’s action causes a dangerous situation, they will have a duty to act or a duty to aid.
Is There a Duty to Rescue?
In general, there is no duty to rescue. An individual typically cannot be prosecuted for doing nothing when another individual is in peril.
In certain cases, however, if there is a special relationship between the parties, an individual may be found liable for failing to rescue someone who was in peril.
Other Points To Consider Regarding Duty To Rescue
Eligibility: Generally, a person would be considered a “rescuer” if they voluntarily attempt to help someone in danger. Good Samaritan laws in many states protect these individuals from liability if they act reasonably and yet fail to rescue the person they try to rescue. However, if the individual created the dangerous situation, they may not be considered a “rescuer” in the same context, and they could then be liable for injury to the person they attempted to rescue.
Risks/Penalties: If an individual is found liable in a civil lawsuit for failing to fulfill a duty to rescue when one clearly exists, they would usually have to pay money damages to the victim to compensate them for their loss. The exact amount would depend on the economic loss that the victim suffered because of their personal injuries or harm done to their property.
It would also depend on the law of the state in which the case is fought. In some cases, criminal charges may be possible, although this is probably not common and typically would require a high degree of negligence or recklessness.
The Importance of Hiring a Lawyer: A person might be able to handle a “duty to rescue” case without a lawyer if the situation is simple and the potential value of the amount for which they might be liable is not great. However, given the complexities of tort law and the potential for significant liability, it is generally advisable to seek the advice of an experienced personal injury attorney.
Your attorney is able to assess the strength of the case, advise on legal strategy, and best represent your interests in negotiations or at trial.
What Kind of Relationships Create a Duty to Rescue?
Examples of relationships that create a duty to rescue include;
- A carrier owes a duty to passengers to render assistance if they are in peril;
- A master or individual who is in charge of a ship to rescue its seamen who have fallen overboard;
- An employer to aid its employees injured in the course of their employment;
- An owner or occupier of premises to aid their invitees;
- A jailer to aid prisoners in their custody;
- A host to aid their guest;
- A school official to aid their students.
In some cases, the duty to rescue may arise from injury accidents.
What Is Required of the Duty to Rescue?
When a duty to rescue does arise, in general, the rescuer must act with reasonable care. Usually, this means that the rescuer does not increase the injury they seek to alleviate.
The rescuer will only be held liable for gross or wanton neglect. A rescuer is not required to endanger themselves when conducting a rescue.
The rescue doctrine may also allow the rescuer themselves to recover from their own injuries. However, it does not apply if the rescuer was acting based on a duty that arose from their own creation of the peril.
What Is a Good Samaritan Law?
Some states have Good Samaritan laws that may shield an individual from liability if they attempt to assist another individual who is in danger and in need of help. If the rescuer accidentally caused further injuries, the law may provide them protection from lawsuits if they acted reasonably given the facts of the situation.
One example of this would be if an individual collapses in the middle of the road and their rescuer acts quickly to remove them from traffic but accidentally breaks their arm in the process. As the rescuer saved them from being struck by a vehicle, the Good Samaritan law would likely prevent them from being held liable for breaking the individual’s arm.
It is important to note, however, that the majority of states allow victims to sue the good samaritan if they acted negligently. An example of this would be if the good samaritan dragged the collapsed individual directly into a burning building.
The law would likely not shield the rescuer from a lawsuit for the injuries that the injured individual sustained while they were in the burning building. This is because a reasonable individual would not drag an injured individual into a burning building.
When states passed Good Samaritan laws, they were attempting to encourage and protect innocent bystanders to assist other individuals in emergency situations when they are able to do so. An individual, however, may not qualify as a Good Samaritan if they are required to assist someone in an emergency situation that they created.
If an individual did not cause an emergency and it poses a great risk to their safety, the majority of states provide that an individual does not have to assist the injured party.
What Is Negligence?
Negligence is the legal theory that allows an injured party to recover legal damages for injuries or damage caused by the carelessness of other individuals. In order to show negligence, the plaintiff must prove all four of the following elements:
- Duty: A duty is the responsibility that one individual owes to another;
- In general, individuals who are going about their business owe each other a duty of reasonable care;
- Reasonable care refers to the amount of care that an ordinary and prudent individual would use in the same circumstances;
- Breach: Breach of duty occurs when an individual’s level of care falls below the level that is required by their duty;
- Causation: The breach of a duty caused the injury. The legal test for causation can be complex. However, the basic test is ‘but for’ one party’s actions, the injury would not have occurred; and
- Damages: There must have been a type of harm that occurred to the party who was not behaving negligently;
- The specific type of injury can vary, for example:
- Property damage;
- Emotional stress,
- Lost wages.
If one of the elements listed above cannot be proven, negligence cannot be established. Negligence is commonly asserted in personal injury claims.
Additional Points to Review
Process/Steps: The steps in a legal case for negligence based on the duty to rescue would generally follow the standard civil procedure for personal injury lawsuits. This includes the filing of a complaint and an answer, engaging in the discovery process, negotiating a possible settlement, and if no settlement is reached, going to trial. The plaintiff would need to prove the existence of a duty, breach of that duty, causation, and damages.
Evidence/Documents: The evidence that a victim would need to prove a claim for negligence based on a duty to rescue would include any relevant documents such as contracts, possibly police reports and medical records, which are likely to be helpful. Records of communication such as emails and text messages would also be important.
A victim is likely to need the testimony of at least one expert witness. Visual evidence such as photographs and video footage might be valuable as well. The specific evidence required will depend on the facts of the case and the applicable law.
State Variations: Good Samaritan laws vary by state. The scope of the protection that they offer is particularly likely to differ in different states. Some states provide broader immunity from liability than others do. The specific circumstances covered, such as the type of emergency or the level of care provided, can also differ.
Some states may require a reasonable standard of care, while others may only protect against gross negligence on the part of a rescuer. That is why it is essential to consult a personal injury lawyer in the state in which a person experienced a situation in which they acted as a rescuer or were rescued.
Timelines: Every type of civil claim has a statute of limitations. This is true for negligence claims. The statute of limitations varies by state and type of claim. Generally, there is a time limit within which a lawsuit must be filed. Failure to file within the prescribed period bars the claim. It is important to consult with an attorney to determine the applicable statute of limitations in a specific case.
It is important not to wait when you believe you might have grounds for a lawsuit. You should consult a lawyer promptly.
Costs/Fees: The costs associated with a “duty to rescue” legal claim can vary significantly. If a person must file a lawsuit for damages, the costs may include attorney’s fees, court filing fees, expert witness fees, and costs for gathering evidence. Attorney’s fees can be structured in various ways, such as hourly rates, contingency fees, or flat fees
What Are Personal Injury Accidents?
Personal injury accidents occur when an individual suffers some type of injury or harm resulting from another individual’s disregard or carelessness. Personal injury law claims are filed in civil court.
In certain types of cases, criminal actions may also be filed based on the same incident that caused the personal injury. Personal injury claims may be categorized as:
- Intentional torts;
- Negligence;
- Strict liability.
Personal injuries may arise out of many different types of events. Common types of accidents that result in personal injury claims include the following:
Should I Contact an Attorney About the Duty to Rescue?
The duty to rescue and applicable Good Samaritan laws can be complex. If an individual has any issues, questions, or concerns related to these laws or has been sued, it is important to consult with a tort lawyer.
Your attorney can explain the laws in your state and inform you of your rights, as well as help you recover for your injuries or help protect you from liability. Whether you were the victim, the rescuer, or the original tortfeasor, it is important to have an attorney on your case.
