Question

A driver was driving his car negligently along a mountain road. He lost control of his car and careened over the side of a cliff. A jogger saw the driver's car go off the cliff and stopped to see if he could help. The jogger started to climb down the cliff to render aid to the driver. In doing so, the jogger slipped and broke his leg. The jogger sued the driver to recover damages for his broken leg.
Regarding any defenses the driver might raise, which of the following statements is correct?
A) A rescuer acts at his own peril.
B) The excitement of the accident and the speedy response of the rescuer would be considered in a case such as this.
C) Assumption of the risk cannot be invoked against rescuers.
D) The driver would not have a valid defense.

Answer 1

Answer:

B) The excitement of the accident and the speedy response of the rescuer would be considered in a case such as this.

Explanation:

D) is incorrect; the driver would have a defense if he could demonstrate that the rescuer's actions were reckless.

(A) is incorrect because, while the court can conclude that the rescuer recklessly put himself in danger, this is not an absolute defense.

(C) is an incorrect statement of law; assumption of risk may be applicable, depending on the circumstances, such as if the rescue were reckless.