The Position of the Rescuer and Good Samaritan Liability in Irish Tort Law
Law of Torts Assignment draft
This paper shall examine the current position of the Rescuer under Irish law, and critically examine how this position has developed under common law and statutes. This development can draw many of its origins from the 2009 Law Reform Commission consultation paper which essentially outlined a framework for the drafting of legislation. Furthermore analysing case law and statue from our jurisdiction and abroad, which was applied in the only real substantive case in Ireland to date, O’Neill v Dunnes Stores Ltd
To determine the position of the rescuer in Ireland several factors were considered by the LRC such as the moral versus legal question of a duty to intervene, how intervention affects society and with an increasing level of litigation in modern Ireland, how the courts should view subsequent cases for and against Good Samaritans and Voluntary organisations.
LRC Consultation Paper
The recognition and protection of persons providing voluntary assistance has been addressed by the LRC Consultation Paper on Civil Liability of Good Samaritans and Volunteers, which proposes the introduction of a statute restricting the liability of such persons who intervene as rescuers. The recommendations in the paper essentially aimed to clarify the confusing position of rescuers in Ireland through the implementation of statute.
Section 5.01 of the recommendations states “The Commission recommends that there should be no reform of the law to impose a duty on citizens in general” Historically, common law countries have hesitated to a positive duty to intervene, McMahon and Binchy note that common law has been completely opposed to the imposition of affirmative duties, in particular a positive duty to intervene. The Commission reflect this arguing that a positive duty to intervene would have an adverse effect on society, with legal implications people may shy away from rescue attempts and they believe that intervention should come from
This paper shall examine the current position of the Rescuer under Irish law, and critically examine how this position has developed under common law and statutes. This development can draw many of its origins from the 2009 Law Reform Commission consultation paper which essentially outlined a framework for the drafting of legislation. Furthermore analysing case law and statue from our jurisdiction and abroad, which was applied in the only real substantive case in Ireland to date, O’Neill v Dunnes Stores Ltd
To determine the position of the rescuer in Ireland several factors were considered by the LRC such as the moral versus legal question of a duty to intervene, how intervention affects society and with an increasing level of litigation in modern Ireland, how the courts should view subsequent cases for and against Good Samaritans and Voluntary organisations.
LRC Consultation Paper
The recognition and protection of persons providing voluntary assistance has been addressed by the LRC Consultation Paper on Civil Liability of Good Samaritans and Volunteers, which proposes the introduction of a statute restricting the liability of such persons who intervene as rescuers. The recommendations in the paper essentially aimed to clarify the confusing position of rescuers in Ireland through the implementation of statute.
Section 5.01 of the recommendations states “The Commission recommends that there should be no reform of the law to impose a duty on citizens in general” Historically, common law countries have hesitated to a positive duty to intervene, McMahon and Binchy note that common law has been completely opposed to the imposition of affirmative duties, in particular a positive duty to intervene. The Commission reflect this arguing that a positive duty to intervene would have an adverse effect on society, with legal implications people may shy away from rescue attempts and they believe that intervention should come from