By way of background, I grew up in rural GA and routinely pulled people out of ditches on the dirt roads when it rained. And now that I live in UT, I typically stop if someone slides off in the snow. That's who I am and that's how I was raised. Attending law school has not changed my opinion, but there are some legal issues that are worth considering, depending on the situation.
Though you're not legally obligated to undertake a rescue of strangers (unless you put them in the danger in which they find themselves), In UT, and likely other states, potential liability does exist if you undertake a rescue and do so unreasonably or negligently. Section 323 of the Second Restatement of Torts, adopted by as law in Utah in DCR, Inc. v. Peak Alarm, Co., 663 P.2d 433, 436 (Utah 1983), states that "One who undertakes, gratuitously or for [payment], to render services to another which he should recognize as necessary for the protection of the other's person or things, is subject to liability to the other for physical harm resulting from his failure to exercise reasonable care to perform the undertaking, if (a) his failure to exercise such care increases the risk of such harm, or (b) the harm is suffered because of the other's reliance upon the undertaking."
Stated more plainly, "[O]nce a person chooses to rescue another, he is held to a duty of due care." Hirpa v. IHC Hospitals, Inc., 948 P.2d 785, 789 (Utah 1997). All it means is that if you undertake a rescue, you must do so reasonably and non-negligently (based on the circumstances). And once you undertake a rescue, you can't leave the rescuee worse off than when you started. You're certainly not obligated to stop and can (usually) legally drive on by, even if someone is in a bad way.
I guess the moral, as many others have already stated, is to use your common sense, gauge the situation and the rescuee, and do what you can to help if it won't increase the danger of the situation. I, for one, will continue to help folks out if I can do so safely. Thought I'd just put the law out there, so people could consider it as they make their own decisions. Thanks
***This post does not constitute legal advice and may not be relied upon as such. Further, this post does not create an attorney client relationship, or the expectation of one. If you have any concerns about potential liability, please contact an attorney who can discuss the issues and give you legal advice.***
Though you're not legally obligated to undertake a rescue of strangers (unless you put them in the danger in which they find themselves), In UT, and likely other states, potential liability does exist if you undertake a rescue and do so unreasonably or negligently. Section 323 of the Second Restatement of Torts, adopted by as law in Utah in DCR, Inc. v. Peak Alarm, Co., 663 P.2d 433, 436 (Utah 1983), states that "One who undertakes, gratuitously or for [payment], to render services to another which he should recognize as necessary for the protection of the other's person or things, is subject to liability to the other for physical harm resulting from his failure to exercise reasonable care to perform the undertaking, if (a) his failure to exercise such care increases the risk of such harm, or (b) the harm is suffered because of the other's reliance upon the undertaking."
Stated more plainly, "[O]nce a person chooses to rescue another, he is held to a duty of due care." Hirpa v. IHC Hospitals, Inc., 948 P.2d 785, 789 (Utah 1997). All it means is that if you undertake a rescue, you must do so reasonably and non-negligently (based on the circumstances). And once you undertake a rescue, you can't leave the rescuee worse off than when you started. You're certainly not obligated to stop and can (usually) legally drive on by, even if someone is in a bad way.
I guess the moral, as many others have already stated, is to use your common sense, gauge the situation and the rescuee, and do what you can to help if it won't increase the danger of the situation. I, for one, will continue to help folks out if I can do so safely. Thought I'd just put the law out there, so people could consider it as they make their own decisions. Thanks
***This post does not constitute legal advice and may not be relied upon as such. Further, this post does not create an attorney client relationship, or the expectation of one. If you have any concerns about potential liability, please contact an attorney who can discuss the issues and give you legal advice.***
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