Quick Answer
Failing to rescue a drowning person can lead to civil and possibly criminal liability. The rescuer or bystander may be held responsible for any resulting injuries or fatalities. This is particularly true if the individual's death could have been prevented with timely intervention.
Civil Liability Risks
When a person fails to rescue a drowning individual, they may be held accountable for any resulting damages in a civil lawsuit. In the United States, a rescuer’s failure to act can be seen as negligence, potentially leading to significant financial liability. For instance, if a bystander witnesses someone struggling in the water but does not call 911 or attempt to rescue them, and the individual subsequently dies, the bystander could be sued by the victim’s family.
Duty to Rescue
Not all jurisdictions consider a bystander to have a duty to rescue a drowning person. However, some states and countries have laws that mandate a certain level of assistance in emergency situations. In these areas, failure to act can result in liability. The specific duty to rescue is often determined on a case-by-case basis, taking into account factors such as the rescuer’s relationship to the victim, their proximity to the victim, and the level of risk involved in attempting a rescue.
CPR and Resuscitation
If a drowning person is pulled from the water, it is essential to initiate cardiopulmonary resuscitation (CPR) as soon as possible. CPR should be performed by someone trained in the technique, ideally using an automated external defibrillator (AED) if available. According to the American Heart Association, CPR should be performed in a 30:2 ratio, with 30 chest compressions followed by two breaths. The rescuer should continue CPR until emergency medical personnel arrive or the victim shows signs of regaining consciousness.
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