I was walking on a sidewalk. A young child on a bike was crossing the street into traffic. I acted instinctively and attempted to prevent the child from being struck. I succeeded. The car driving in the lane closest to the sidewalk did not hit the child. However the child was distracted by my actions. Consequently, another car traveling in the opposite direction struck the young bicyclist. The child’s parents are now suing me. How can I be held responsible for striking the child when I was attempting to save him and I was not driving?

Homeowner’s Claim

Your car insurance will not cover this claim because you were not driving. However, your homeowner’s insurance policy would cover this claim against you. You should notify your insurance carrier or broker for the homeowner’s insurance as soon as possible. I have written a post regarding the consequences of not promptly notifying the insurance carrier about a claim against you.

No Good Deed Goes Unpunished

In a previous post, I had covered the subject of a good Samaritan helping a person who was choking. In that context, I discussed qualified immunity for healthcare workers. There are statutory protections for doctors, nurses and emergency medical technicians. However, for someone in your position, the rules are different.

As a pedestrian on the sidewalk, you had no obligation to assist the young man on the bicycle. As one Court of Appeals opinion noted: “The case law is clear that even when no original duty is owed to the plaintiff to undertake affirmative action, once it is voluntarily undertaken, it must be performed with due care.” Parvi v City of Kingston, 41 NY2d 553, 394 NYS2d 161 (1977).

In the absence of a duty to protect a stranger on the street or a person on your private property, you are not liable for any injuries they sustain. Daily v Tops Markets, LLC, 134 AD3d 1332, 20 NYS3d 487 (3d Dept 2015).

However, once a person takes charge of an individual in danger, they become liable for any bodily harm caused by the failure to exercise reasonable care to secure the safety of that person. Mirza v Metropolitan Life Ins. Co., 2 AD3d 808, 770 NYS2d 384 (2d Dept 2003); Thrane v Haney, 264 AD2d 926, 695 NYS2d 628 (3d Dept 1999).

Furthermore, the good Samaritan is liable for discontinuing assistance and thereby exposing the helpless person to the same, similar, or worse peril. Thomas v State, 46 NY2d 1043, 416 NYS2d 546, 389 NE2d 1068 (1979).

Court Examines Actions Rather than Intentions

In your case, despite your best intentions to assist the young child on the bicycle, the consequences of your actions are what matter to the Court. So, the Court could hold you responsible for his injuries because he was in a similar or even worse situation when you saved him from accident number one. A car struck him going the opposite direction.

At this point, it is premature to determine whether you did indeed place this young bicyclist in similar or worse danger than if you had done nothing at all. However, since you did act, you must defend your actions.

A Court will analyze the case against you by considering foreseeability. The court would consider whether it was possible to foresee that rescuing the young bicyclist from one car accident would put him in a similar or even worse situation by being hit by a car coming from the opposite direction. Parvi v City of Kingston, 41 NY2d 553, 394 NYS2d 161 (1977). So I cannot give you a definite answer to your question. I can only highlight the issues the Court will consider.

Liability to Other Rescuers

This doctrine of assuming a duty toward an individual in peril extends that duty to other individuals who may also be attempting to assist the person in danger. So if a person negligently attempts to help someone, then that same person is also liable to potential rescuers who sustain injuries while attempting to aid the individual whose safety was compromised. Velazquez v New York City Health and Hosp. Corp., 65 AD3d 981, 886 NYS2d 129 (1st Dept 2009).

By James Santner, Esq.

If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.