What are legal implications of floodwater rescues?

Emergency Response and Liability

During a flood, first responders, such as police, firefighters, and emergency medical technicians (EMTs), may be called to assist in rescues. Under the Good Samaritan Act, these responders are generally protected from liability for acts performed in good faith. However, this protection may be revoked if the responder’s actions are deemed reckless or grossly negligent. For example, a responder who knowingly drives a rescue vehicle into a flooded area without proper safety precautions may be held liable for any resulting injuries or deaths.

Vehicle Rescues and Swift Water Operations

In the event of a flood, vehicle rescues may become necessary, particularly if occupants are trapped or in distress. When performing vehicle rescues in swift water, responders should follow established protocols, such as the National Association of Rescue Teams (NART) guidelines. These protocols include using specialized equipment, such as rescue boats or ropes, to minimize the risk of injury or death to both rescuers and vehicle occupants. For instance, a rescue team should use a swift water rescue boat to approach a submerged vehicle, keeping a safe distance from the water’s edge to avoid being swept away by strong currents.

High Ground and Evacuation Procedures

When possible, individuals should seek high ground to escape floodwaters, rather than attempting to wade through or drive through the flood. In situations where evacuation is necessary, responders should follow established protocols, such as the Federal Emergency Management Agency (FEMA) guidelines for flood evacuation procedures. These protocols include identifying safe evacuation routes, providing accurate information to the public, and coordinating with other agencies to ensure a successful evacuation. For example, a local emergency management agency may establish a flood evacuation route, using traffic cones and barriers to divert traffic away from flooded areas.