Rescue Doctrine

Question 1

As a doctrine of Causation…..

Answer 1

when there is danger, a rescuer is ALWAYS foreseeable.

Question 2

Policy of Rescue Doctrine

Answer 2

promotes rescuers. Don’t want to deter rescuers form rescuing for fear that if injured can’t recover in tort.

Question 3

Exception to the Rescue doctrine

Answer 3

Firefighter RULE

Question 4

Firefighter rule

Answer 4

disallows recovery for emergency responders who are injured in line of duty by actor’s negligence

Question 5

Policy of Firefighter exception

Answer 5

• don’t want people afraid to call 911 for fear of tort liability.
• injury in line of duty is built into employment compensation for Emergency Responders.

Question 6

Difficulty in applying FF rule?

Answer 6

determining WHEN injury is IN LINE OF DUTY.
maj= whether plaintiffs role as an emergency responder exposed plaintiff to more risk that ordinary person would have faced.

Question 7

Is FF rule only for FF?

Answer 7

no, emergency responders.

Question 8

police officer on beat injured by random debris falling from building……in line of duty?

Answer 8

probably not, so may recover against neg. building owner

Question 9

military hood injured at Ft. Hood by Maj. Nadal Hasan injured in line of duty?

Answer 9

probably in line of duty for statutory purposes (& want to be prob for compensation)

Question 10

how does doctrine extend beyond duty?

Answer 10

they have no relationship w/party.–>extends Duty. Usually volunt go in.
Modif c/f juris- person would loose but we create exception.
Rescuer is less morally blameworthy. We want people to rescue/act.

Question 11

exceptions??

Answer 11

statute or building code violations. FF accepts world as supposed to be, but buildings “supposed to be” up to code.
-wrongdoer deterrence rationale- lost if don’t allow to recover based on non-compliance.

Question 12

Rescue Doctrine

Answer 12

as a DUTY or

Prox. cause/foreseeable-rescuer always foreseeable=always a prox. cause.

Question 13

landes & posner an ‘ex ante slight’

Answer 13

ex ante= before the event (after-before)=based on forecasts/estimative.
burden on rescuer is taken regardless of cost and probability, they take it on when a reasonable person would not. It is always probable that a rescue is needed, hence rescuer is always foreseeable in danger situations.

Question 14

Sirianni case

Answer 14

mom-donated kidney to son after def. negl removed her son kidneys. Court said her decision was a premeditate, knowledgeable and purposeful act. court said was an independent intervening act. Was not a rescue.

Question 15

Carter case.

Answer 15

Cardiac doctor saved diver. He was charging a $100 an hr for services

Question 16

Rescue doctrine commonalities w/bystander problem.

Answer 16

Rev. Lambert could not recover-ran, slipped on ice when running in response heard wife in bad accident nearby alley. Court said not a rescuer.
**rescuers must be in CLOSE PROXIMITY IN TIME & DISTANCE & ATTEMPT TO RESCUE. (lambert only intended to reach scene of accident)

Question 17

two states that have rejected firefighter rule

Answer 17

MA & ORegon.