The doctrine applies only if there is evidence that the victim to be rescued is in imminent and life-threatening peril. Where the doctrine is applicable, it is a foreseeable risk that a plaintiff would attempt to rescue the victim of the defendant's negligence, to the extent that the negligence is not wanton.
Corpin v. Derive Tech, LLC, NY Slip Op 04896 (2d Dep't August 10, 2022)
