Duty to rescue

A duty to rescue is a concept in tort 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. 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. 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. However, such a duty may arise in two situations: A duty to rescue arises where a person creates a hazardous situation. If another person then falls into peril because of this hazardous situation, the creator of the hazard who may not necessarily have been a negligent tortfeasor has a duty to rescue the individual in peril. Such a duty may also arise where a "special relationship" exists. For example: Parents have a duty to rescue their minor children. This duty also applies to those acting in loco parentis, such as schools or babysitters. Common carriers have a duty to rescue their patrons. Employers have an obligation to rescue employees, under an implied contract theory. In some U.S. jurisdictions, real property owners 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.