Under the doctrine, there is a duty of care toward a potential rescuer where a culpable party has put another person in a position of imminent peril which invites the rescuing plaintiff to come to the aid of the person in peril. The doctrine applies where a potential rescuer reasonably believes that another is in peril, and the court will decide the applicability of the doctrine on the facts and circumstances of each case. Here, the plaintiff was an emergency medical technician who slipped on ice while transporting a patient from the sidewalk to the ambulance. The doctrine is inapplicable, as there is no evidence that plaintiff was unable to see and avoid the slippery condition on the basis that the patient was endangered if she was not transported immediately to the hospital.
Benny v. Concord Partners 46th St. LLC, NY Slip Op 01550 (1st Dep't March 18, 2021)
