McCoy v. American Suzuki Motor Corp.
961 P.2d 952 · Washington Supreme Court · 1998
Facts
James McCoy stopped to assist after a Suzuki Samurai swerved off Interstate 90 and rolled. While directing traffic with flares, McCoy was struck by a hit-and-run vehicle after the initial accident scene was cleared. McCoy sued Suzuki, alleging a defective Samurai caused the initial accident and his subsequent injuries as a rescuer.
Issue
Can the rescue doctrine be invoked in a product liability action, and if so, must the rescuer prove the defendant's alleged product defect proximately caused their injuries? Was the question of proximate causation in this case suitable for a jury determination?
Holding
Yes, the rescue doctrine applies to product liability actions. Yes, a rescuer must prove the defendant's wrongdoing proximately caused their injuries. The question of whether Suzuki proximately caused McCoy's injuries is a disputed issue for the jury to determine, and the case is remanded for trial.
Rule
The rescue doctrine, which holds that 'danger invites rescue' and negates assumption of risk for non-reckless rescuers, applies to product liability actions. However, a rescuer must still prove the defendant's wrongdoing was the proximate cause of their injuries, encompassing both cause in fact (including foreseeability of intervening causes) and legal cause.
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