DUTY OF CARE

Duty of Care



Duty of Care

What is the rescue doctrine?

The set of guidelines in the law commonly named as “peril invites rescue” or “danger invites rescue” is related to the rescuers' rights who gets injured in the process of rescue. This set of guidelines is known as the rescue doctrine. If a person gets injured in an attempt to rescue, the law gives such person a right to claim against the tortfeasor, who put a person or property at a risk through their criminal act.

If someone puts themselves at risk, and in the rescue process, the rescuer gets injured; such rescuer can claim against the rescuee for recovery. An injured rescuer can obtain the recovery whether the rescue process is successful or not. Usually a bystander is not expected to attempt for a rescue. However if, a bystander carries out a rescue attempt, the law protects such rescuers, even if the rescuee puts themselves to risk deliberately. There is always a duty of care on the part of the tortfeasor, if the rescuer gets injured.

Can A Fetus Recover for Injuries Sustained in Utero As A Result Of Defendant's Actions?

This area has been subject to considerable controversy of late is whether a duty of care is owed to an unborn child. Suppose a defendant assaults a pregnant woman, recklessly injuring the fetus and causing defects that manifest physically when the child is born. Under the common law, the child could not recover for its injuries. Modern courts have reversed this no-duty rule and have allowed recovery in most instances where a causal link between the defendant's act. This is applicable where the fetus's injury can he proved. This causal link, can he highly speculative with a recently conceived embryo, and the Restatement suggests that courts require “convincing evidence” of causation ...