This bill codifies and expands the rescue doctrine in New Jersey, allowing certain rescuers to recover damages for injuries sustained while attempting to aid individuals or property that are in peril due to another's tortious conduct. The legislation clarifies that if a person's wrongful actions create a dangerous situation, they can be held liable for any harm that a rescuer incurs while trying to assist. This expansion includes not only the rescue of individuals but also extends to property, aligning New Jersey law with the majority of states that follow the Restatement (Third) of Torts.
The bill is a response to the New Jersey Supreme Court's decision in Samolyk v. Berthe, which highlighted the limitations of the existing rescue doctrine. While the court recognized the historical significance of the doctrine in New Jersey, it did not extend it to cover injuries sustained while protecting property. The new legal language aims to address this gap, ensuring that rescuers are compensated for their efforts to protect both people and property from harm. The act is set to take effect immediately upon passage.