A driver was driving his car negligently along a mountain road. He lost control of his car and careened over the side of a cliff. A jogger saw the driver's car go off the cliff and stopped to see if he could help. The jogger started to climb down the cliff to render aid to the driver. In doing so, the jogger slipped and broke his leg. The jogger sued the driver to recover damages for his broken leg. Regarding any defenses the driver might raise, which of the following statements is correct? A) A rescuer acts at his own peril. B) The excitement of the accident and the speedy response of the rescuer would be considered in a case such as this. C) Assumption of the risk cannot be invoked against rescuers. D) The driver would not have a valid defense.
Social Studies · High School · Wed Jan 13 2021
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The correct statement regarding defenses that the driver might raise in this scenario is:
B) The excitement of the accident and the speedy response of the rescuer would be considered in a case such as this.
This statement refers to the legal doctrine known as the "rescue doctrine" or "danger-invites-rescue doctrine." In some jurisdictions, a rescuer who is injured while attempting to aid someone in peril may have a legal claim against the party whose negligence created the dangerous situation. The court may consider the circumstances surrounding the rescue attempt, including the excitement of the accident and the quick response of the rescuer, in determining liability.