Torts I

Rescue Doctrine


To achieve rescuer status one must demonstrate:

  1. The defendant was negligent to the person rescued and such negligence cause 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.
  4. The rescuer acted with reasonable care in effectuating the rescue.

The rescue doctrine does not apply to professional rescuers for normal risks of their employment when they are working.