The court unanimously rejected Ann Samolyk’s claims that laws allowing legal action for injuries suffered while rescuing a person who put themselves in peril should allow her to sue for damages on Monday.
The court unanimously rejected Ann Samolyk’s claims that laws allowing legal action for injuries suffered while rescuing a person who put themselves in peril should allow her to sue for damages. But the justices acknowledged that the law could apply to property in some cases where protecting human life also is the ultimate aim.
In her lawsuit, Samolyk alleged she suffered neurological and cognitive damage after jumping into the canal in Lacey Township at the New Jersey shore in 2017 to save the dog after she heard someone call for help. The dog was unharmed. The court wrote Monday that there could be circumstances in which trying to save property could qualify under the so-called rescue doctrine — for example, if a homeowner is injured trying to put out a fire in a nearby house on a reasonable belief that inhabitants might be in danger — but ruled those circumstances didn’t exist in Samolyk’s case.
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