There is a duty of care to a potential rescuer where a culpable party has placed another person in a position of imminent peril which invites a third party,to come to the aid of the person in peril. The doctrine is implicated where a potential rescuer reasonably believes that someone is in peril. A court will determine the applicability of the doctrine on the facts and circumstances of each case.
Benny v. Concord Partners 46th St. LLC, NY Slip Op 07665 (1st Dep't December 17, 2020)
