You have likely heard countless heartwarming stories of everyday heroes saving people in distress. Sometimes, the heroes have never met the person they save, and did not owe that person any special duty to put themselves in danger to save another person. It is often out of the goodness of our hearts that we act to help an individual in danger. Did you know that in some jurisdictions, you may have a legal duty to help someone in danger? This obligation is known as a duty to rescue, and there is a longstanding debate about whether it is acceptable to require an innocent bystander to put him or herself in danger to help another. Kentucky does not have an explicit duty to rescue on the books, but most places follow a common law duty to rescue, which states that you do have such a duty in certain situations.

When Might You Have a Duty to Rescue in Kentucky?

  • You created the danger. If you created the hazardous situation causing another individual to be in danger, then you have a duty to come to that person’s aid. This is the standard duty of care.
  • You have a special relationship with the individual in danger. For example, if you are a teacher or a caretaker, you have a duty to look out for the individual under your care.
  • You initiated rescue efforts. Generally, if you begin to render aid to a person in peril, you have a duty to continue to render aid until it is no longer reasonable to do so.

If you initiate a rescue effort, however, you may open yourself up to liability if something goes wrong. For example, if you try moving a car accident victim out of the car or out of the street, and you make their injuries worse, you could be liable for the worsening of their injuries. This is where so-called “Good Samaritan” laws come into play. Good Samaritan laws do not create a duty to act, but they protect an individual who has rendered aid from liability if something goes wrong. Usually, Good Samaritan laws do not protect a party from liability when the party has acted willfully, wantonly, or recklessly and harm the injured party further.

When are You Protected by Good Samaritan Laws in Kentucky?

Kentucky law protects certain certified medical personnel from liability when they render aid to a stranger. The statute includes physicians, registered or practical nurses, emergency medical technicians, persons certified by the American Heart Association or the American Red Cross to perform CPR, or an educational employee who is certified in first aid. The statute does not shield anyone from liability when services are performed for money, in a hospital, or when the individual rendering aid acts in a way constituting “willful or wanton misconduct.” Further, anyone rendering aid using an automated external defibrillator (AED) is protected from liability in Kentucky unless, once again, their actions constitute willful or wanton misconduct.

Contact Lexington Personal Injury Lawyer

If you have been injured because someone breached a duty of care you believe was owed to you, contact an experienced personal injury lawyer at the Roberts Law Office in Lexington, Kentucky today. Call (859) 231-0202 or fill out our online form for a free consultation.