WI · jury_instructions
Wis JI-Civil 1007.5
Contributory Negligence: Rescue Rule
[Give Wis JI-Civil 1005 & 1007.]
A person is not negligent in attempting to make a rescue if the following
circumstances are found to exist:
1. That the person to be rescued was actually in imminent danger of death or injury
or it appeared to the plaintiff, in the exercise of ordinary care, that the person was
in imminent danger; and
2. That in deciding whether to attempt to make the rescue, the plaintiff acted as a
reasonably prudent person even though there was no certainty of success in
accomplishing the rescue; and
3. That in carrying out the rescue attempt, the person used ordinary care with
respect to the means and manner of making the rescue.
In determining whether the plaintiff used ordinary care, you should consider the
alarm, excitement, and confusion, if any, the uncertainty of the means to be employed in the
rescue, and the apparent necessity for immediate action, together with all other surrounding
circumstances that bear upon the reasonableness of the rescue attempt.
History
Wis JI-Civil 1007.5 (2016). ©2016, Regents, Univ. of Wis. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
75f42c651e27dd2ec4ef466b8f3bbe038bde2abc21fa3bd3ce692bf94ba21e19
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