McCoy v. American Suzuki Motor Corp.
961 P.2d 952 · Washington Supreme Court · 1998
Facts
James McCoy stopped to assist after a Suzuki Samurai rolled off the highway. While directing traffic with flares, he was struck by a hit-and-run vehicle after the initial accident scene was cleared. McCoy sued Suzuki, alleging a defective product caused the initial accident and his subsequent injuries as a rescuer.
Issue
Can the rescue doctrine be invoked in a product liability action, and must a plaintiff asserting a claim as a rescuer still prove their injuries were proximately caused by the defendant's allegedly tortious conduct? Was the alleged fault of Suzuki the proximate cause of McCoy's injuries?
Holding
The rescue doctrine may be invoked in a product liability action. A rescuer must still show the defendant's wrongdoing proximately caused their injuries. The question of whether Suzuki proximately caused rescuer McCoy's injuries is a disputed one for the jury to determine on remand.
Rule
The rescue doctrine applies to product liability actions, recognizing that danger invites rescue and a tortfeasor owes a duty to foreseeable rescuers. However, a rescuer must still prove the defendant's conduct was the proximate cause (both cause in fact and legal cause) of their injuries. The foreseeability of an intervening cause is generally a question of fact for the jury.
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