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 party's tortious conduct. The current law permits recovery only when the rescuer is injured while trying to save a person at fault for creating the peril. The new provisions will enable rescuers to seek damages for injuries incurred while rescuing both persons and 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. Although the Court did not expand the doctrine to include property protection injuries, it acknowledged the historical significance of the rescue doctrine in New Jersey. The proposed changes reflect the findings of the New Jersey Law Revision Commission, which aims to modernize and broaden the scope of the rescue doctrine to better protect those who risk their safety to assist others.