One of the principles of law that readers of this column may remember learning in law school, but probably thought they would never see or use in practice, is the “danger invites rescue” doctrine. Liability may be imposed in favor of a person who voluntarily places him or herself in a perilous position to prevent another person from imminent life-threatening peril against a party who, “by his [or her] culpable act has placed another person in a position of imminent peril which invites a third person, the rescuing plaintiff, to come to his [or her] aid.” See Provenzo v. Sam, 23 NY2d 256, 260 (1968); Flederbach v. Lennett, 65 AD3d 1011 (2d Dept. 2009). As prosaically described by Judge Benjamin Cardozo in the landmark case of Wagner v. International Ry. Co., 232 N.Y. 176, 180 (1921), “The wrong that imperils life is a wrong to the imperilled victim; it is a wrong also to his rescuer….The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had.” See also N.Y. Pattern Jury Instructions (Civil), 2:13; 2:41.

Although initially thought to apply to cases in which three (or more) persons are involved, as described above, the doctrine has expanded over time to encompass as well a two-party situation, where the culpable party has placed himself [or herself] in a perilous position, which invites rescue. See Carney v. Buyea, 271 App. Div. 338 (4th Dept. 1946), motion for leave to appeal denied, 296 N.Y. 1056 (1947); Talbert v. Talbert, 22 Misc.2d 782 (Sup. Ct. Schenectady Co. 1960).

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