In what circumstances will a plaintiff be found liable for the loss of life of a rescuer?

British Columbia, Canada


The following excerpt is from Emery v. Monarch Holdings Ltd., 1998 CanLII 6735 (BC SC):

In Schwab v. Schaloske (1982) 1982 CanLII 750 (BC SC), 37 B.C.L.R. 111, Mr. Justice MacKinnon found liability in respect of the loss of life in an attempted rescue. At page 117, he said this: What Siegfried did was to act instinctively and courageously. It was the act of a hero who, regrettably, failed in his effort to save lives and lost his own in the attempt. That is not conduct that could be considered wanton interference or unreasonably imprudent.

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