Chicago Negligence Lawyer - Article

What is Duty to Rescue?

This phrase refers to the legal obligation that some people have to rescue others in peril, usually in specific situations. In eight US states, “Good Samaritan laws” require all people to rescue anyone who is in danger, even if the person is a complete stranger. Illinois does not have a law of this nature. There are, however, specific circumstances under which a person has a duty to rescue.

• If the person is responsible for the other’s injuries. If someone, through negligence or recklessness, places another person in harm’s way, the negligent party has a legal obligation to help the victim as much as possible.
• If the person is caring for a minor. A child who is in danger should be rescued by the person(s) responsible for his or her safety. This applies to parents and legal guardians, as well as adults acting in loco parentis. School and child caretakers, for example, have the legal responsibility to protect the children in their care.
• If the people involved are married. In all states, married people have a legal duty to rescue their spouses from any danger they might fall into.
• Some people argue that employers have a duty to rescue employees as part of an implied contract between them, but this is controversial. The law does not explicitly state that employers have this duty, but employers are generally responsible for the safety of their workers.

What if Someone Neglects Their Duty to Rescue?

If a person does not live up to this duty, and someone is injured as a result, the negligent party may be liable for the injuries caused. Sometimes this is grounds for a duty to rescue tort, although these cases are relatively rare and the legal issues involved are complex.

If you or a loved one has been injured by another person’s failure to rescue, you may have grounds for a lawsuit. Discuss your case with a knowledgeable Chicago negligence lawyer by calling Friedman & Bonebrake at (312) 466-8200.