A duty to rescue is a concept in tort law and criminal law that arises in a number of cases, describing a circumstance in which a party can be held liable for failing to come to the rescue of another party who could face potential injury or death without being rescued. The exact extent of the duty varies greatly between different jurisdictions. In common law systems, it is rarely formalized in statutes which would bring the penalty of law down upon those who fail to rescue. This does not necessarily obviate a moral duty to rescue: though law is binding and carries government-authorized sanctions and awarded civil penalties, there are also separate ethical arguments for a duty to rescue even where law does not punish failure to rescue.
Common law system In the common law of most English-speaking countries, there is no general duty to come to the rescue of another. Generally, a person cannot be held liable for doing nothing while another person is in peril.See Yania v. Bigan 155 A.2d 343 (Penn. 1959). Bigan and Yania were strip mining coal. Bigan was working next to an 18' deep pit with water in it. He asked Yania and Ross to help him with a pump. Bigan and Ross told Yania to jump over the pit. He did, fell in, and drowned. Yania's widow had argued that Bigan and Ross had a legal obligation to assist Yania to prevent his drowning. However, the Appellate Court found that the law imposes no duty to rescue. However, such a duty may arise in two situations, with details varying in different jurisdictions:
A duty to rescue arises where a person creates a hazardous situation which endangers someone; the creator of the hazardwho may not necessarily have been a negligent tortfeasorhas a duty to rescue the individual in peril. Such a duty may also arise where a "special relationship" exists. For example: Parents and those acting in loco parentis, such as schools and babysitters, have a duty to rescue minor children in their care.See, for example, Aba Sheikh v. Choe , 156 Wn.2d 441, 457, 128 P.3d 574 (Wash. 2006), which discusses Restatement (Second) of Torts sec. 315 and 319, stating: As a general rule, our common law imposes no duty to prevent a third person from causing physical injury to another... Additionally, under the public duty doctrine, the State is not liable for its negligent conduct even where a duty does exist unless the duty was owed to the injured person and not merely the public in general... However, this court recognizes an exception to both these general rules. [A] duty arises where 'a special relation exists between the actor and the third person which imposes a duty upon the actor to control the third person's conduct.' [Therefore,] we have adopted one class of these 'special relation' cases as described in section 319: "One who takes charge of a third person whom he knows or should know to be likely to cause bodily harm to others if not controlled is under a duty to exercise reasonable care to control the third person to prevent him from doing such harm."(links added, citations removed) Common carriers (i.e. bus drivers, train conductors, etc.) have a duty to rescue their passengers.See, e.g., De Vera v. Long Beach Public Transportation Co. 180 Cal. App. 3d 782, 225 Cal. Rptr. 789. Employers have an obligation to rescue employees, under an implied contract theory. p425. In some U.S. jurisdictions, owners of real property have a duty to rescue invitees but not trespassers from all reasonably foreseeable dangers on the property. Other jurisdictions, such as California, extend the duty to rescue to all persons who enter upon real property regardless whether they are classified as invitees, social guests or trespassers. Spouses have a duty to rescue each other in all U.S. jurisdictions. In the United States, as of 2009, ten states had laws requiring that people at least notify law enforcement or seek aid for strangers in peril under certain conditions: California,Volokh, Eugene. "Duty to Rescue/Report Statutes." November 3, 2009. Accessed December 17, 2010.California Penal Code § 152.3. Florida,Florida Stat. Ann. ch. 794.027. Hawaii,Hawaii Rev. Stat. § 663–1.6. Massachusetts,Massachusetts Gen. Laws Ann. ch. 268, § 40, ch. 269, § 18. Minnesota,Minnesota Stat. Ann. § 604A.01. Ohio,Ohio Rev. Code § 2921.22. Rhode Island,Rhode Island Stat. §§ 11–1-5.1, 11–56-1. Vermont,Vermont Stat. Ann. tit. 12, § 519. Washington,Washington Rev. Code Ann. § 9.69.100(1) and Wisconsin.Wisconsin Stat. Ann. § 940.34. These laws are also referred to as Good Samaritan laws, despite their difference from laws of the same name that protect individuals who try to help another person. These laws are rarely applied, and are generally ignored by citizens and lawmakers.
Where a duty to rescue arises, the rescuer must generally act with reasonable care, and can be held liable for injuries caused by a reckless rescue attempt. However, many states have limited or removed liability from rescuers in such circumstances, particularly where the rescuer is an emergency worker. Rescuers need not endanger themselves.
Civil law system Many civil law systems, which are common in Continental Europe, Latin America and much of Africa, impose a far more extensive duty to rescue. The duty is usually limited to doing what is "reasonable". In particular, a helper need not substantially endanger themself.
This can mean that anyone who finds someone in need of medical help must take all reasonable steps to seek medical care and render best-effort first aid. For example, after a traffic accident which causes injury, other drivers and passers-by must help or summon emergency assistance if they can do so without endangering themselves, without regard to personal reasons not to help (e.g. having an urgent appointment).
As an example of such a law in a civil law jurisdiction, in 2016 a man collapsed in a bank lobby in Essen, Germany and later died. Several customers stepped over him without providing assistance; one phoned emergency services. With the help of security camera footage, the customers who did not act were identified and fined several thousand euros for failing to provide assistance. The customer who phoned emergency services was not indicted.
Shipping A duty to rescue arises under international shipping law. A ship that is in a position to provide assistance to persons in distress at sea must do so. The requirement is found in the United Nations Convention on the Law of the Sea and represents customary international law.See article 98(2) UNCLOS, article 12(2) High Seas Convention, and https://www.icrc.org/en/download/file/56144/irc98_7.pdf
Regulations by country
In some countries, there exists a legal requirement for citizens to assist people in distress, unless doing so would put themselves or others in harm's way. Citizens are often required to, at minimum, call the local emergency number, unless doing so would be harmful, in which case the authorities should be contacted when the harmful situation has been removed. , there were such laws in several countries, including Albania, Andorra,articles 199, 278, 279, 310 of Andorran Criminal Code Argentina,Argentine Penal Code laws regarding crimes against the person Austria,Austrian Criminal Code § 95 StGB Belgium, Brazil, Bulgaria, Croatia,Croatian Criminal Code art. 123. Czech Republic, Denmark, Estonia,Estonian Criminal Code §124. Finland, France,French Criminal Code §63(2) Germany,German Criminal Code §323c Greece,Greek Criminal Code Article 288 paragraph 2. Hungary, Iceland, Israel, Italy, the Netherlands, Norway, Poland,Polish Criminal Code §162. Portugal, Russia, Serbia, Slovakia,Slovak Criminal Code §177. Slovenia, Spain, Switzerland and Tunisia.
Some countries that do not implement a duty to rescue have laws protecting people who provide assistance from being sued for inadvertently causing harm. These laws are often referred to as Good Samaritan laws.
Argentina Argentina has legislation on "abandonment of persons", Articles 106–108 of the Argentine Penal Code, which includes the provision in Article 106 that "a person who endangers the life or health of another, either by putting a person in jeopardy or ... will be imprisoned for between 2 and 6 years" [emphasis added].Argentine Penal Code laws regarding crimes against the person Original of text translated in the article: "el que pusiere en peligro la vida o la salud de otro, sea colocándolo en situación de desamparo, sea abandonando a su suerte a una persona incapaz de valerse y a la que deba mantener o cuidar o a la que el mismo autor haya incapacitado, será reprimido con prisión de 2 a 6 años".
Belgium In Belgium, the obligation to provide assistance was introduced by the law of January 6, 1961.
Failure to provide assistance is punishable under article 422bis of the Penal Code.
The conditions of the duty to help relate to two main points: knowledge of a hazard; the possibility of helping without putting oneself in physical danger.
Non-assistance is punished by up to one year in prison.Revue de droit pénal et de criminologie, fascicule n° 3 de décembre 1961.
Brazil Article 135 of the Brazilian Penal Code, entitled "Omission of rescue", punishes both "failing to succor, when possible to do so absent personal risk, a forsaken or stray child, or an incapacitated, wounded or helpless person (or one in severe or imminent peril)" and "not requesting, in those cases, the aid of public authority", with one to six months of imprisonment, or a fine, with the penalty increased in half if the omission results in injury, and threefold if in death.
Canada In Quebec, which makes use of civil law, there is a general duty to rescue in its Charter of Rights: "Every human being whose life is in peril has a right to assistance...Every person must come to the aid of anyone whose life is in peril, either personally or calling for aid, by giving him the necessary and immediate physical assistance, unless it involves danger to himself or a third person, or he has another valid reason."Charte des droits et libertés de la personne, L.R.Q. c. C-12. Criminal law in Canada is under the exclusive jurisdiction of the federal government, so failure to comply with an article of the Charter in Quebec does not constitute a criminal offence except if by doing so a party also violates the Criminal Code.
Other provinces follow common law.
Czech Republic The Czech Criminal Code requires all persons to provide assistance to anyone who is in risk of death or appears to be lifeless or shows signs of a major health condition or other serious illness, unless providing it would put the assisting person or other persons at risk (§150).
Drivers of vehicles involved in traffic accidents are obliged to provide aid to other parties involved, unless assisting would pose an imminent danger to them or other persons under §151.
Violations are punishable by up to 2 years (§150, par. 1), 3 years if the convicted is expected, by the nature of their job (even when off duty), to save the life of another (§ 150, par. 2) or 5 years (§151). Depending on the circumstances, a driving ban or a prohibition of activity (banning an individual from certain occupations) an adequate alternative to imprisonment.
Denmark