In this situation, assume that defendant would be liable to plaintiff for negligence for any harm incurred. Basically, I'm asking if rescuer injury is part of the foreseeable harm of negligence (like, for example, future medical malpractice). A Restatement citation would be lovely! Thank you. :)
I'm not referring to Good Samaritan laws, which regard the *rescuer's* liability for any harm to the plaintiff. Rather, I am asking about harm to the rescuer incurred during the course of the rescue, and whether the defendant (the person who initially put the plaintiff into the dangerous situation) would be liable for the rescuer's injury.
Freedom Fighter
That question confused the hell out of me.
Luv My Hubby!
I have heard of situations like that. It's referred to as Good Samaritan, and has scared some people enough to not intervene when observing a crime or harmful situation in progress. Whether or not the defendant is liable depends on the state (or country) of the occurrence and how their laws are written.
EDIT - Oh, you mean such as if you jumped off a bridge, and I jumped in after you, and then I tried to sue you because I broke my leg in the fall? Well, I suppose a case could be made for that, but I'm sure it would be thrown out of court. I would have chose to do it, therefore I should be liable myself for my own injuries. Sorry I guess I misread your question.
WilliamH10
Why would a person needing to be saved be liable for a rescuer's injuries?
The rescuer has the choice of helping or not helping, thus they are responsible for injuries which occur to them during the rescue. If the person is an EMT or something, then that is their job and their injuries would be covered by the city insurance.
whale
Justice through Litigation
In most jurisdictions, a negligent defendant owes an independent duty of care to a rescuer (who is rescuing the plaintiff). A negligent defendant is liable for a rescuer's injuries, even where the rescue was done negligently (but not wantonly). This includes liability for both personal injury and property damage--whether the rescuer has injured him/herself, the plaintiff, or another party altogether.
As you probably know, a negligent defendant is also liable for any subsequent injuries the plaintiff may sustain (e.g., if you shoot someone in the eye, hurting their peripheral vision, and they walk into a wall as a result, you're also liable for their injury resulting from the wall), including medical malpractice.
Basically, these all fall under the category of foreseeable intervening forces, for which a negligent D is generally held liable.
It's true, crazy as it may seem. :)
As per the Firefighter Rule, however, this does not apply to emergency personnel acting in their official capacity.
Orignal From: Is a defendant liable for the injury of a rescuer, who is injured attempting to rescue the plaintiff?
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