Define: Rescue Doctrine

The Rescue Doctrine is a legal principle that allows individuals who are injured while attempting to rescue or aid someone in imminent danger to seek compensation for their injuries, even if the rescuer’s actions were negligent. Under this doctrine, if a person is in a position to assist someone in peril due to another party’s negligence, they have a duty to exercise reasonable care in their rescue efforts. If the rescuer is injured as a result of their actions, they may be entitled to recover damages from the negligent party whose actions created the perilous situation. The Rescue Doctrine reflects the legal recognition of the moral obligation to assist others in need and aims to encourage individuals to render aid without fear of legal repercussions. However, the specific application of the Rescue Doctrine may vary depending on the jurisdiction and the circumstances of each case.

Example: 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.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.