Duty to Rescue / Good Samaritan

Pronunciation: DOO-tee to RES-kyoo / good suh-MAIR-uh-ten

Torts › Duty of Care

Definition

General rule: there is no affirmative duty to rescue a stranger in peril, even if rescue would be easy and risk-free. Exceptions creating an affirmative duty: (1) special relationships (parent-child, employer-employee, common carrier-passenger, innkeeper-guest); (2) defendant created the peril; (3) voluntary undertaking — once a person begins a rescue or assumes a duty of care, they must perform it non-negligently and cannot abandon it if doing so leaves the victim worse off than before. Good Samaritan statutes in most states provide immunity from ordinary negligence to rescuers who render emergency aid, but do not create a duty to rescue.

Related terms

• Duty of Care — A legal obligation to exercise reasonable care to avoid causing harm to others. The duty of care is…
• Special Relationship Duty — Heightened duty of care arising from special relationships where one party has control over another or undertakes to…
• Rescue Doctrine — One who negligently creates danger owes duty of care to rescuers who attempt to save persons or property…

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