LN successful in obtaining favourable result in a “rescuer liability” decision

Charles Loopstra, Q.C represented the Town of Halton Hills in a recent decision involving the principle of “rescuer liability.”  

The case involved an accident chain resulting in two fatalities and a one brain injury to three rescuers who assisted a woman involved in the first accident.  The issue was whether she was liable to the rescuers who were struck by another car in a subsequent accident. The court held that she was liable if found negligent in the first accident, because it was reasonably foreseeable that passersby would stop and render assistance and put themselves at risk to be injured in a second accident.