The Rescue Doctrine
Sometimes a person’s efforts to rescue another person in danger can result in injury to the rescuer. Illinois courts have long recognized the rescue doctrine, which allows the injured rescuer to bring a lawsuit against the person that caused the situation requiring rescue. For example, if a dog-owner lets his vicious dog roam the streets, he can be held liable for bite injuries sustained by a woman while she was trying to protect her child from the dog.
But what happens when a rescuer is hurt while trying to save a person who puts himself (as opposed to another person) in danger? Does the rescuer have the right to sue? In a recent decision, the Illinois Appellate court held that the answer to that question was “yes.”
Under the facts alleged in this case, Mrs. A called her sister, Mrs. C, because Mrs. A couldn’t find her husband (Mr. A) … Read more