Duty to Rescue

Often referred to as a “Good Samaritan Rule”, certain circumstances exist in the United States where one person has a duty to rescue another person from a hazardous situation. Typically, the only universal situation where this applies is when one party actually causes a hazardous situation. In this case, the person responsible for the danger has a duty to rescue those who are put in harm’s way because of it.

For example, if one person starts a fire in a fire pit which gets out of control, the safety of a person walking nearby may be jeopardized. If the person who started the fire refrains from rescuing the other, he may be found liable. However, there are other situations in which a duty to rescue may be had. For example:

• Parents typically have a duty to their children under the age of 18.
• Parties acting in lieu of a parent, such as a babysitter or a school, must protect the children entrusted to them.
• Spouses have a duty to rescue each other.
• Property owners have a duty to rescue invitees.
• Employers have a duty to rescue their employees.
• Additionally, certain states have “Good Samaritan Laws” which specifically outline a duty to rescue others. However, the particulars of these statutes differ from state to state.

Contact Us

If you have been injured as a result of someone else failing to reasonably rescue you from a hazardous situation, contact a Cincinnati personal injury lawyer at Stepleton Dugan, LLC today at 513-321-7733.