Owners of businesses, large or small, understand that operating correctly and in compliance with the law is essential. For businesses that work with potentially hazardous activities, such as chemical production or hazardous waste disposal, the ability to comply with policies and laws not only keeps them safe, but it can also protect them from financial and legal issues. One policy that can have an effect on a business’s risk of liability is the concept known as the “rescue doctrine.”
What Is Rescue Doctrine?
The rescue doctrine is a legal principle set forth to protect people and organizations from liability for their actions in an emergency situation, during the course of an attempted rescue. This principle is based on the idea that when taking action in an emergency situation, it is not reasonable to expect an individual or organization to be as careful or as cautious as if there were no emergency. In other words, they are given some leeway when it comes to acting in the name of protecting life.
Examples of Rescue Doctrine
Examples of the rescue doctrine at work include overcoming the duty of care of a construction site owner in order to save a worker from a hazardous situation or a doctor taking emergency medical action to save a life without following the usual procedures. In either example, the actions of the parties involved would not be considered as negligent, as long as they were acting in the attempt to preserve life.
Implications for Businesses
The rescue doctrine can have serious implications for businesses, especially those who work with hazardous materials and situation. When their employees or contractors act in an emergency with the intention of preserving life, they may be covered by the Rescue Doctrine if a lawsuit should be filed. This protection is not absolute, however, and if it can be shown that the company or employee was careless in creating the situation that necessitated the emergency action, it is possible that they may still be held liable.
Conclusion
The rescue doctrine is an important concept for businesses to be aware of when operations involve safety risks or hazardous materials. Companies should do their best to prevent any such emergency situations, while also instituting guidelines for how their employees should react if the need arises. Knowing the law in regards to the rescue doctrine can help protect your business from liability in a hazardous emergency situation, ensuring that both people and livelihoods can be protected.