In today’s society, the laws should encourage people to help "rescue"
other individuals in peril. New York’s "Danger Invites Rescue"
Doctrine (many other state laws similar to it), has proactively addressed
this issue by allowing individuals to be held civilly liable to those
who attempt to save them from harm’s way. This legislation fairly
places liability on the person who creates the dangerous situation at
hand, regardless of whether their actions were negligent or intentional.
The underlying rationale of this doctrine successfully serves the purpose
of encouraging individuals to help others because people will no longer
have to worry about facing liability on their own behalf if they happen
to cause injury to the person they are rescuing. Similarly, this doctrine
has opened the door for New York State to adopt laws similar to the "Good
Samaritan" Act, which also encourages helping others who may not
have caused the risk to themselves but nevertheless are in peril of danger.
These types of laws are extremely significant to maintain a safe environment,
not only for ourselves but for other individuals around us. It only makes
sense to help others who are in danger if we personally would want the
same done for us.
If you have been injured, our
Kingston personal injury attorneys are here to help you. We have offices in Kingston,
Poughkeepsie, Ellenville, and NYC.