The Rescue Doctrine

The rescue doctrine is invoked in tort cases for a variety of purposes in a variety of scenarios.The doctrine,as here asserted,allows an injured rescuer to sue the party which caused the danger requiring the rescue in the first place.As Justice Cardozo succinctly summarized,the heart of this doctrine is the notion that“danger invites rescue.” Wagner v.International Ry.Co.,232 N.Y.176 (1921).This doctrine serves two functions.First,it informs a tort-feasor it is foreseeable a rescuer will come to the aid of the person imperiled by the tort-feasor’s actions,and,therefore,the tort-feasor owes the rescuer a duty similar to the duty he owes the person he imperils.Second,the rescue doctrine negates the presumption that the rescuer assumed the risk of injury when he knowingly undertook the dangerous rescue,so long as he does not act rashly or recklessly.

To achieve rescuer status one must demonstrate: (1) the defendant was negligent to the person rescued and such negligence caused the peril or appearance of peril to the person rescued;(2) the peril or appearance of peril was imminent;(3) a reasonably prudent person would have concluded such peril or appearance of peril existed;and (4) the rescuer acted with reasonable care in effectuating the rescue.The Court of Appeals found McCoy demonstrated sufficient facts of rescuer status to put the issue of whether he met the four requirements … to the jury.Suzuki does not question this finding.Nor will we.(https://www.daowen.com)