FACTOID # 37: American women have the most powerful jobs.
 
 Home   Encyclopedia   Statistics   Countries A-Z   Flags   Maps   Education   Forum   FAQ   About 
 
WHAT'S NEW
RECENT ARTICLES
More Recent Articles »
 

FACTS & STATISTICS    Simple view

  1. Select countries to view: (hold down Control key and click to select several)

     

     

    Compare:

     

     

  1. Select fact or statistic: (* = graphable)

     

     

     

  2. (OPTIONAL) Compare to statistic: (both need to be graphable)

     

     

     

  3. View result as:

     

       
(OR) SEARCH ALL encyclopedia, stats & forums:   

Encyclopedia > Rescue doctrine
Tort law
Part of the common law series
Intentional torts
Assault  · Battery
False arrest  · False imprisonment
Intentional infliction of emotional distress
Property torts
Trespass to chattels
Trespass to land  · Conversion
Detinue  · Replevin  · Trover
Dignitary and economic torts
Slander and libel  · Invasion of privacy
Fraud  · Tortious interference
Conspiracy  · Abuse of process
Malicious prosecution
Defenses to intentional torts
Consent  · Necessity
Self defense and defense of others
Negligent torts
Negligence  · Negligent hiring
Negligent entrustment
Negligent infliction of emotional distress
Doctrines affecting liability
Duty of care  · Standard of care
Proximate cause  · Res ipsa loquitur
Calculus of negligence  · Eggshell skull
Vicarious liability  · Attractive nuisance
Rescue doctrine  · Duty to rescue
Comparative responsibility  ·
Duties owed to visitors to property
Trespassers  · Licensees  · Invitees
Defenses to negligence
Contributory negligence
Comparative negligence
Assumption of risk  · Intervening cause
Strict liability torts
Ultrahazardous activities
Products liability
Nuisance
Other areas of the common law
Contract law  · Property law
Wills and trusts
Criminal law  · Evidence

The rescue doctrine of the law of torts holds that, where a tortfeasor creates a circumstance that places the tort victim in danger, the tortfeasor is liable not only for the harm caused to the victim, but also the harm caused to any person injured in an effort to rescue that victim. This doctrine was originally created in case law by Wagner v. International Railway, 232 N.Y. 176, in which Justice Cardozo stated "Danger invites rescue...The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had." Image File history File links SmallLadyJustice. ... In the common law, a tort is a civil wrong, other than a breach of contract for which the law provides a remedy. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor. ... At common law, battery is the tort of intentionally (or in Australia negligently) and voluntarily touching another person without lawful excuse or justification. ... False arrest is a common law tort, where a plaintiff alleges he or she was held in custody without reasonable cause or an order issued by a court of appropriate jurisdiction. ... False Imprisonment is a common law tort, and possibly a misdemeanor crime, wherein a person is intentionally confined without legal authority. ... Intentional infliction of emotional distress (IIED) is a common law tort claim for intentional conduct that results in extreme emotional distress. ... Trespass to chattels is a tort whereby the infringing party has intentionally (or in Australia negligently) interfered with another persons lawful possession of a chattel. ... Trespass to land is a common law tort that is committed when an individual intentionally (or in Australia negligently) enters the land of another without lawful excuse. ... In law, conversion is a tort that deals with the wrongful interference with goods. ... In tort law, detinue is an action for the wrongful detention of goods from an individual who has a greater right to immediate possession than the current possessor. ... Replevin is an Anglo-French law term (derived from repletir, to replevy). ... Trover signifies finding. ... In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of making a false statement that negatively affects someones reputation. ... The right to privacy is the right to control information about yourself in two situations. ... Tortious interference, in the common law of tort, occurs when a person intentionally damages the plaintiffs contractual or other business relationships. ... In the law of tort, the legal elements necessary to establish a civil conspiracy are substantially the same as for establishing a criminal conspiracy, i. ... Abuse of process is a common law intentional tort. ... Malicious prosecution is a common law intentional tort. ... Consent (as a term of jurisprudence) is a possible justification against civil or criminal liability. ... In tort law, the defense of necessity is divided between private necessity (where a person commits a tort for the defense of his own property) and public necessity (where a person commits a tort for the public good, such as cutting down someone elses trees to stop the spread... Self defense and defense of others (sometimes called alter ego defense or defense of a third person) are a pair of legal theories under which otherwise tortious or illegal acts may be justified when committed for the purpose of protecting oneself, or for the purpose of protecting another person. ... In law, negligence is a type of tort or delict that can be either criminal or civil in nature. ... Negligent hiring is a cause of action in tort law that arises where one party is held liable for negligence because they placed another party in a position of authority or responsibility, and an injury resulted because of this placement. ... Negligent entrustment is a cause of action in tort law that arises where one party (the entrustor) is held liable for negligence because they negligently provided another party (the entrustee) with a dangerous instrumentality, and the entrusted party caused injury to a third party with that instrumentality. ... The tort of negligent infliction of emotional distress (NIED) is a controversial legal theory and is not accepted in many United States jurisdictions. ... In law, a duty of care is the legal requirement that a person exercise a reasonable standard of care to prevent injury of others. ... In tort law, the standard of care is the degree of prudence and caution required of an individual who is under a duty of care. ... In the law, a proximate cause is an event sufficiently related to a legally recognizable injury to be held the cause of that injury. ... Res ipsa loquitur is a legal term from the Latin meaning literally, The thing speaks for itself. The doctrine is applied to claims which, as a matter of law, do not have to be explained beyond the obvious facts. ... The calculus of negligence is a term coined by Judge Learned Hand and describes a process for determining whether a legal duty of care has been breached (see negligence). ... The eggshell skull rule (or thin-skull rule) is a legal doctrine used in both tort law and criminal law that holds an individual liable for all consequences resulting from their activities leading to an injury to another person, even if the victim suffers unusual damages due to a pre... Vicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency – respondeat superior – the responsibility of the superior for the acts of their subordinate and can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory... Under the attractive nuisance doctrine of the law of torts, a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by a hazardous object or condition on the land that is likely to attract children, who are unable to appreciate the... A duty to rescue is a concept in the law of torts that arises in a narrow number of cases, describing a circumstance in which a party can be held liable for failing to come to the rescue of another party in peril. ... Comparative responsibility is a doctrine of tort law that compares the fault of each party in a law suit for a single injury. ... Trespasser (released in 1998) was a game taking place in the world of Jurassic Park. ... A licensee is a term used in the law of torts to describe a person who is on the property of another, despite the fact that the property is not open to the general public, because the owner of the property has allowed the licensee to enter. ... An invitee is a term used in the law of torts to describe a person who is on the property of another because that property owner has chosen to hold the property open to some portion of the general public, because the owner of the property has allowed the licensee... Contributory negligence is a common law defence to a claim or action in tort. ... Comparative negligence is a system of apportioning recovery for a tort based on a comparison of the plaintiffs negligence with the defendants. ... This is a defense in the law of torts. ... An intervening cause is a potential defense to the tort of negligence, if it is an unforseeable, and therefore superseding intervening cause, rather than a foreseeable intervening cause. ... Strict liability is a legal doctrine in tort law that makes a person responsible for the damages caused by their actions regardless of culpability (fault) or mens rea. ... An ultrahazardous activity in the common law of torts is one that is so inherently dangerous that a person engaged in such an activity can be held strictly liable for injuries caused to another person, even if the person engaged in the activity took every reasonable precaution to prevent others... Product liability encompasses a number of legal claims that allow an injured party to recover financial compensation from the manufacturer or seller of a product. ... Nuisance is a common law tort. ... A contract is any legally-enforceable promise or set of promises made between parties. ... Property law is the law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. ... In the law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... Criminal law (also known as penal law) is the body of law that punishes criminals for committing offences against the state. ... The law of evidence governs the use of testimony (eg. ... Aphorism Critical legal studies Jurisprudence Law (principle) Legal research Legal code Natural justice Natural law Philosophy of law Religious law External links Find more information on Law by searching one of Wikipedias sibling projects: Wikibooks Wikiversity has more about this subject: School of Law The Australian Institute of Comparative... In the common law, a tort is a civil wrong for which the law provides a remedy. ... This is a list of legal terms, often from Latin: A mensa et thoro A mensa et thoro, from bed and board. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, New Zealand and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... Justice Benjamin Nathan Cardozo (May 24, 1870–July 9, 1938) was a distinguished American jurist who is remembered not only for his landmark decisions on negligence but also his modesty and philosophy. ...


Essentially it means that the rescuer can recover for damages from a defendant when they are injured rescuing someone. The defendant is usually negligent in causing the accident to occur. Other cases have occured where the plaintiff is injured rescuing the defendant and is able to collect damages.


In Wagner v. International Railway, riders on defendant's trains were allowed to walk between cars while the train was moving. In one incident, a rider fell through the cars. Plaintiff, trying to help the fallen rider, was injured themself. The court found the defendant liable because of their negligence to allow riders to walk between cars while the train was moving.


  Results from FactBites:
 
Law.com (3218 words)
Bell sought recovery on the grounds that she was acting as a rescuer at the time of her injury, and that she was therefore entitled to relief under the rescue doctrine.
The court explained that "the situation precipitating the 'rescue' must warrant a reasonable belief that the peril facing the object of the rescue was urgent and imminent," and that "Bell was not injured while attempting a heroic rescue of the nature contemplated by the rescue doctrine." Id. at 369--70.
In Pachesky, the Pennsylvania Superior Court denied recovery to a rescuer on the ground that she had acted unreasonably in performing the rescue, and was therefore subject to a jury's apportionment under the state's comparative negligence statute.
  More results at FactBites »


 

COMMENTARY     


Share your thoughts, questions and commentary here
Your name
Your comments
Please enter the 5-letter protection code

Want to know more?
Search encyclopedia, statistics and forums:

 


Lesson Plans | Student Area | Student FAQ | Reviews | Press Releases |  Feeds | Contact
The Wikipedia article included on this page is licensed under the GFDL.
Images may be subject to relevant owners' copyright.
All other elements are (c) copyright NationMaster.com 2003-5. All Rights Reserved.
Usage implies agreement with terms.