Really, the call of the question, as I see it is, should individuals when they happen upon an injured person attempt to render aid in the face of incurring liability? More succinctly stated, can a rescuer incur liability when rescuing? After reading the question, it rang clear to me that really what we are talking about here is the Good Samaritan law, versus the rescue doctrine in Washington State. The Good Samaritan law allows for immunity for acts protecting those who chose to serve and tend to others who are injured or ill. Quite frankly, these types of laws are intended to reduce bystander hesitation to assist, for fear of being sued or prosecuted for unintentional injury or wrongful death. Remember that these Good Samaritan laws vary from jurisdiction to jurisdiction, and will also very in relation to other legal principles. That being said, a general review of the rescue doctrine would be required here. Tortfeasor's, or individual who create circumstances that cause injuries to another, are liable not only for the harm caused to the victim, but also to the harm caused to any person injured in an effort to rescue said victim. Again, the subtleties surrounding this theory or type of law are going to deviate, to a degree, depending on the jurisdiction for which you find yourself. For example, one states rule on this matter may differ from another states rule. In addition, if you find yourself at the federal level, it might be stated that if a tortfeasor creates a circumstance that places the tort victim in danger, the tortfeasor is liable for not only the harm caused to the victim, but also the harm caused to any person injured in an effort to rescue the victim. This doctrine was originally created in case law by Wagner v. International Railway in the years 1926. Justice Cardozo stated, "the emergency begets the man. The wrongdoer may not have foreseen the timing of a deliverer. He is accountable, as if he had." Nevertheless, that still does not answer the question, "can the rescuer acquire liability during the rescue?" Although rare, this would require an extreme and or gross deviation of some act by a rescuer, which further caused injury to the original injured party. What that circumstance and or fact pattern is, eludes my imagination. One would have to peer into a crystal ball and examine it factually. Because I do not possess a crystal ball which would allow me to do that it is a tough question to answer. That being said, I believe it would be laborious to argue that a rescuer had or could sustain liability if that same rescuer recognized an imminent peril to a third party, caused by the defendant, and that rescuer attempted to exercise reasonable care in effectuating the rescue. However, that is not to say that it is impossible for a rescuer not to incur liability under a given circumstance. The question will likely revolve around what, "is the exercise of reasonable care," when effectuating a rescue. I believe, a defendant would be hard-pressed to blame the rescuer as being partially liable. Further, and call me a hopeless romantic, but I believe in juries and their ability to see through such arguments. If you are taking one to a hospital in order to rescue them because, "someone else" originally injured them, then can you incur liability on the way to the hospital? For the sake of argument, let us assume that you were driving a vehicle. The question would really be, was your driving while going to the hospital, somehow unreasonable, or not what a reasonable person/rescuer would have done under the same or similar circumstances. If you can answer the question in the affirmative, then yes, the rescuer could possibly obtain or incur some liability. I have to reiterate that an examination of the circumstances would be paramount here. I believe from a public policy standpoint that the laws in the state of Washington, would rather produce rescuers and retreat or attempt to hinder the c
Answered on Oct 06th, 2011 at 1:26 PM