WHEN RESCUE IS REQUIRED
The law recognizes a number of exceptions to the “no duty to rescue” rule. Many
states impose criminal penalties, for example, for failing to report child abuse or an
accident in which someone is killed. Only a few states—Rhode Island, Vermont,
Wisconsin, Hawaii, and Minnesota—impose a more general duty to rescue by statute.
In theory, violators would be fined. In fact, however, the statutes are rarely, if
ever, invoked.
One means of finding a legal duty to rescue is through contract law. Certain
persons assume contractual responsibilities to help others or to prevent them from
being harmed. A lifeguard, for instance, cannot ignore a drowning swimmer, nor
can a firefighter let a building burn. While a person could be disciplined or fired
for refusing to attempt rescue under such circumstances,6 to commit to a dangerous
job such as policing or firefighting is itself a statement of willingness to risk one’s life
to save lives—to risk rescue as a part of an ordinary day’s work. In fact, of the 343
firefighters killed on September 11, 2001, 60 were not on duty that day, but
responded to the alarm as if they were.
6 For reasons of public policy, however, civil lawsuits against police, fire, or other government workers are
rarely permitted.