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Rescuer Doctrine - Liability for breach may arise where:

A) No duty to rescue is owed
B) Rescuer acts with negligence
C) Rescuer is a professional
D) Breach of duty to the victim

Answer :

Final answer:

Liability for breach under the rescuer doctrine typically arises when there is a breach of duty to the victim. There is usually no inherent duty to rescue, and being a professional rescuer does not in itself create liability unless there is negligence or a breached duty.

Explanation:

The rescuer doctrine is a legal principle that indicates potential for liability for breach may arise in certain situations during a rescue attempt. Notably, liability for breach may occur when:

  • Breach of duty to the victim: If the rescuer has a duty of care to the victim and breaches that duty, resulting in harm to the victim, there might be a case for liability.

The other options mentioned do not generally lead to liability under the rescuer doctrine:

  • No duty to rescue is owed: Typically, there is no legal requirement to help someone in trouble unless a specific relationship exists that creates such a duty (i.e., parent-child, employer-employee).
  • Rescuer acts with negligence: If the rescuer acts negligently in the attempt to rescue, they might be liable, but this is different from the rescuer doctrine which relates to the original party creating the hazardous situation.
  • Rescuer is a professional: Being a professional rescuer does not, by itself, create liability unless the professional has acted negligently or breached a duty to the victim.

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