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Tort law II
Part of the common law series
Negligent torts
Negligence  · Negligent hiring
Negligent entrustment  · Malpractice
Negligent infliction of emotional distress
Doctrines affecting liability
Duty of care  · Standard of care
Proximate cause  · Res ipsa loquitur
Calculus of negligence  · Eggshell skull
Vicarious liability  · Attractive nuisance
Rescue doctrine  · Duty to rescue
Comparative responsibility
Duties owed to visitors to property
Trespassers  · Licensees  · Invitees
Defenses to negligence
Contributory negligence
Last clear chance
Comparative negligence
Assumption of risk  · Intervening cause
Strict liability
Ultrahazardous activity
Product liability
Nuisance
Other areas of the common law
Contract law  · Property law
Wills and trusts
Criminal law  · Evidence

The rescue doctrine of the law of torts holds that if a tortfeasor creates a circumstance that places the tort victim in danger, the tortfeasor is liable not only for the harm caused to the victim, but also the harm caused to any person injured in an effort to rescue that victim. This doctrine was originally created in case law by Wagner v. International Railway, 232 N.Y. 176 (1926), in which Justice Cardozo stated "Danger invites rescue...The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had."

Essentially it means that the rescuer can recover for damages from a defendant when they are injured rescuing someone. The defendant is usually negligent in causing the accident to occur. Other cases have occurred where the plaintiff is injured rescuing the defendant and is able to collect damages.

In Wagner v. International Railway, riders on defendant's trains were allowed to walk between cars while the train was moving. In one incident, a rider fell through the cars. Plaintiff, trying to help the fallen rider, was injured himself. The court found the defendant liable because of negligence to allow riders to walk between cars while the train was moving.

Essentially, in its pure form the Rescue Doctrine boils down to 4 main elements - all of which must be met in order to bring it to bear for the person asserting its privelege.

1) There must be peril or the appearance of peril to a third party, caused by the defendant.

2) That peril or appearance of peril must be imminent

3) A reasonable person would recognize the peril or appearance of peril and the plaintiff must also have actually recognized it.

4) The plaintiff must have exercised reasonable care in effecting the rescue