What Is the ‘Rescue Doctrine’ and How Might It Affect Your Business?

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.

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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.

Related Legal Concepts

Understanding rescue doctrine often goes hand in hand with emergency doctrine, which similarly provides protection for actions taken under urgent circumstances. The attractive nuisance doctrine also relates to liability considerations, particularly regarding duties owed to those who may be placed in harm’s way. Additionally, the clean hands doctrine can impact rescue doctrine cases when determining whether the party seeking protection acted appropriately in creating or responding to the emergency situation.

The Bottom Line

The rescue doctrine provides important legal protection for individuals and businesses who act to save lives during emergencies, recognizing that split-second decisions under crisis conditions shouldn’t be judged by normal standards of care. However, this protection has limits and doesn’t cover situations where the rescuer’s own negligence created the emergency or where their response was unreasonably reckless. For guidance specific to your situation, always consult a qualified, licensed attorney.