Illinois Courts Apply Rescue Doctrine In Case Of Alleged Suicide Attempt

In a recent case, a rescuer was allowed to sue the target of the rescue for injuries 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. In an example, where the owner of a known vicious dog allows the animal loose in public, he can be held liable for bite injuries sustained by a woman while she was trying to protect her child from the dog.

What should the outcome of a lawsuit where the rescued person caused the dangerous situation and a rescuer becomes injured as a result? 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 couldnt find her husband (Mr. A) and was worried that he might attempt suicide. Distraught, Mrs. A enlisted the sister and Mr. C to join in the search for Mr. A. They allegedly found Mr. A. in a fenced-in property in a car with a hose running from the exhaust pipe to the cars window. In the process of trying to reach Mr. A by leaping over the fence, Mr. C's foot became injured.

Mr. C and his wife commenced a lawsuit seeking relief for their damages against Mr. & Mrs. A. The trial court determined that Mr. A was not liable for Mr. Cs injuries. The Appellate Court, however, reversed that decision. If a legal precedent in the state courts has not been set with regard to a particular issue, courts may review the decisions of another state. The Illinois Court noted that every court that had decided the issue came to the determination that a rescuer who is injured while rescuing someone who put himself in danger can recover from that person for his injuries.

The rationale behind the courts decision was that there was no logical reason to distinguish situations where a person puts someone else in danger and situations where a person puts himself in danger. This was held true by the court under the facts of a suicide attempt.

As a general proposition, the courts in Illinois generally favor efforts to help others. This policy encourages people to do the right thing when they see another person in danger. In the event you have any questions relating to the rights and obligations of rescuers and those being rescued you consult with an experienced lawyer.

by: Ralph E. Elliott

POST COMMENT

How Does Kindle Cash Flow Work? 3 Signs Your Workout Isn't Working Anymore Quel Routeur Wifi Prfrez-vous: Huawei E586 Ou Zte Mf60 ? Mrs Bennett Western Desert Aboriginal Art Hollywood Diet Plan - Get Lean Quickly The King Of Israel Get Dish Tv Get The Best Of Latino Entertainment Out There Alvarado Man Survives Freak Construction Accident Best Sat Nav Thy National Park Maths Sample Papers For Class 10 What To Expect From Jenison Drain Cleaning Companies. Hollywood Diet Juice - Lose Pounds Quickly