Recovery - Helping others - when and when not?

pcjeeper

Observer
By way of background, I grew up in rural GA and routinely pulled people out of ditches on the dirt roads when it rained. And now that I live in UT, I typically stop if someone slides off in the snow. That's who I am and that's how I was raised. Attending law school has not changed my opinion, but there are some legal issues that are worth considering, depending on the situation.

Though you're not legally obligated to undertake a rescue of strangers (unless you put them in the danger in which they find themselves), In UT, and likely other states, potential liability does exist if you undertake a rescue and do so unreasonably or negligently. Section 323 of the Second Restatement of Torts, adopted by as law in Utah in DCR, Inc. v. Peak Alarm, Co., 663 P.2d 433, 436 (Utah 1983), states that "One who undertakes, gratuitously or for [payment], to render services to another which he should recognize as necessary for the protection of the other's person or things, is subject to liability to the other for physical harm resulting from his failure to exercise reasonable care to perform the undertaking, if (a) his failure to exercise such care increases the risk of such harm, or (b) the harm is suffered because of the other's reliance upon the undertaking."

Stated more plainly, "[O]nce a person chooses to rescue another, he is held to a duty of due care." Hirpa v. IHC Hospitals, Inc., 948 P.2d 785, 789 (Utah 1997). All it means is that if you undertake a rescue, you must do so reasonably and non-negligently (based on the circumstances). And once you undertake a rescue, you can't leave the rescuee worse off than when you started. You're certainly not obligated to stop and can (usually) legally drive on by, even if someone is in a bad way.

I guess the moral, as many others have already stated, is to use your common sense, gauge the situation and the rescuee, and do what you can to help if it won't increase the danger of the situation. I, for one, will continue to help folks out if I can do so safely. Thought I'd just put the law out there, so people could consider it as they make their own decisions. Thanks

***This post does not constitute legal advice and may not be relied upon as such. Further, this post does not create an attorney client relationship, or the expectation of one. If you have any concerns about potential liability, please contact an attorney who can discuss the issues and give you legal advice.***
 
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BigSwede

The Credible Hulk
isn't worth any more than the paper it's written on. I'm routinely surprised at how many individuals and business that think they are.

A contact signed under duress isn't valid anywhere I'm aware of and you simply can't sign away liability.

Ask an attorney if having a waiver of liability in place would stop them from suing an individual or a company for negligence.

Yep.
 

Desert Dan

Explorer
I have helped out people in the past but times have changed. Each situation is different and the remoteness and extent/type of the recovery makes a big difference.

Size up the situation and the people first and see if you want to get involved.

When helping out strangers if the stuck vehicle gets damaged or somebody gets hurt they will probably blame you.

If you damage your vehicle I doubt they would reimburse you for repairs like a clutch, transmission etc.
I wouldn't put my vehicle in jeopardy (for a stranger or some idiot) in the process.

What if the situation gets worse? Then they could blame you as well.

Sometimes going and calling for help is the best thing you can do.
 

pugslyyy

Expedition Vehicle Engineer Guy
It really depends on the situation. The more remote, the more likely I am to help. Most of the back country / desert roads I go down it is normal to ask someone if they are okay if you pass them on the road.
 
When we get snow here in DFW, I've made it routine to go out in my area to help whomever I find in the ditches. I'll actually go out on patrol.

I use the common sense method. My first question is "Are you hurt?" My second question is " Where are you going after I assist you?"
I haven't come across an injury, but I would immediately provide whatever first aid I'm capable of. For my second question, if they say anything other than "home" or "hotel" I leave them to the vultures (tow truck drivers).

I also have a policy of safety first and I usually will not hook up a strap for a few minutes. I'll assess the situation thoroughly then discuss with the driver the plan of action. I go for simplest option first. Pushing, then strap, then calling a tow truck. If I can't easily pull with a kinetic strap then its not happening.

I'll update this post with pics in a little while....
 

off-roader

Expedition Leader
I'm usually wheeling with a group. If we run into someone who's stuck in a remote area who needs help, then we provide it. No questions asked but we don't strap them out like a bunch of Yahoo's. We do it intelligently.

IF I happen to be alone on road or close to the road, I may or may not depending on how remote the road is, how desperate they are for help. Off road, I would typically help them unless they look like an axe murderer or something LOL.

As far as 1st Aid, I apply what I know since I fall under the good sam laws. If I didn't, I've had to rethink the situation on a case by case basis.
 

Mc Taco

American Adventurist
I was with a four truck trip that went down Goler Wash back in the mid 90's. Heavy rains had removed most all of the gravel on the trail, leaving basically dry waterfalls to drive down. We four drivers had to 'build' ramps with rocks to get down some of the vertical sections. As we were working on the first drop a 20+ vehicle convoy of Range Rovers from a Vegas dealership sponsored trip came up behind us. Maybe two from that convoy helped us to create the passable drops. The rest watched and exuded an attitude of impatience for our slow progress. We really wanted to disperse our hard built ramps after our last truck clear each drop. Let them re-build the ramps. We did not. We choose to lead by example and hoped that some of those 20+ new owners learned what to do and the right way to think out in the wilderness. The rest probably never saw dirt and dust on their pretty tires again.
 
D

Deleted member 48574

Guest
Help when you can, but know your own limits. However even if you can't pull someone out, or are afraid to due to liability -- there's usually plenty you can do (or at least offer). Let them sit in your cab to warm up, perhaps offer them a bit of water or food if you have it. Offer to call for help in the next town or to wait with them until help arrives.

As for pulling, on one occasion I stopped to help a car in the ditch here in Alberta, as did another gent. The other gent handed the end of the strap to the stuck driver and said "Listen Carefully. Whatever you attach this to is coming out of that ditch." We all had a good chuckle and were able to get the fellow out no problem. In short, I echo the advice of having the owner of the vehicle do any and all attachments (but of course check it out yourself too to ensure it's safe and secure).

As for leaving people -- well, some folks can do that. I think it's a shame that our legal system (not just in the US but it is worse there then Canada) has developed a culture of "I'm afraid to get sued so I'm going to leave people in distress". Reminds me of a quote from a letter or, if you will, written-word-art that I like though it's author is disputed:

"Always give a word or a sign of salute when meeting or passing a friend, even a stranger, when in a lonely place."

Too many strangers in this world, and when the system we have built makes you fear turning strangers into friends -- well, there's something wrong with that in my eyes.
 

Holger

Observer
I always try to help out or pull some one out a ditch or something.
But I do it by now as one of my friend always has done it:
Get the truck in position attach snap trap to my truck, get the other person to attached it to their vehicle. 'If something gets damaged you attached it there not me...'
Worked well all my life.

I think we have to have a look at our society if we are scared or refuse to help in case someone might sue us,
Poor world!

Regarding payment:
I have never accepted a penny for my help, but I have my own sort of payment:

I ask the person to promise me that the next person they see in distress/ trouble, they stop and help.

What comes around goes around, maybe the world becomes a tiny little bit better if everyone does that..?
 
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TurboChris

Adventurer
I've pulled / winched dozens of people out over the years. I've never worried about liability. I just use my common sense. If they dont have something secure to attach to...I won't attempt it...unless it's a desperate situation.
 

craig333

Expedition Leader
I'd be hesitant to just hand over my strap to a stranger. Even if he assures me its okay I'd prefer to know myself that its securely attached. Yanking off his bumper not only doesn't help him but it may put me in danger.

Depends on the stranger though. If I'm on a Jeep run I'll trust that the guy knows how to attach a strap.
 

ldivinag

Adventurer
i know of one place, PISMO BEACH state vehicle off road area has a contract with a local towing company that charges like $150 per "rescue"...

a bunch of friends asked the state rangers, they said, as long as you DONT OFFER UP FRONT. the person who is stuck needs to ASK YOU for help...

sheesh.

this is a few years ago. dont know if their policy is still that.

personally? people i go wheeling with, we automatically help.

those we dont know or run into in the trail, we stand around waiting for them TO ASK US.

and then, we have them attach the snatch strap/rope/winch hook ON THEIR VEHICLE BY THEM. we dont even touch their vehicle. if we see something can fail or possibly break more things on their vehicle (one guy wanted to use the tie rod on his jeep wagoneer), we then stop and refuse them help unless they change their mind.

no need to make things worse...
 

Fifthpro

Adventurer
I will help anyone in need.....will not hesitate for a second. I never ask for anything other than for them to "pay it forward" and this philosophy has served me well for 45 years now.
 

bfdiesel

Explorer
I help when I can. I was raised that way probably why half my family and I are SAR members with some EMT's mixed in
 

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