When a person is in danger, the question often arises : are we legally required to intervene? In Quebec, the answer is yes, within certain limits. The Civil Code of Quebec (C.C.Q.) imposes on every person a duty to rescue others. However, this duty also comes with protections for those who act in good faith.

The duty to rescue : a legal and moral obligation

Section 2 of the Civil Code of Quebec clearly sets out the principle of the duty to rescue :

“Every human being whose life is in peril has a right to assistance. Every person must come to the aid of anyone whose life is in peril, either personally or by obtaining help, by providing the necessary and immediate physical assistance, unless there is a risk to themselves or to others or another reasonable excuse.”

In other words, if you witness a situation where someone’s life is in danger, you have an obligation to intervene. This can be done by :

• Providing immediate physical assistance, or
• Obtaining help, for example by calling emergency services

Reasonable limits to the obligation

The law, however, does not demand the impossible. The duty to rescue applies only if there is no risk to yourself or to others.

Concrete example

You witness an accident where a car falls into a river. However, if you cannot swim, you are not required to jump into the water. Doing so would put you in danger. Your obligation is instead to call emergency services immediately.

Thus, the law distinguishes between acting prudently and in good faith, and needlessly endangering oneself.

Exemption from liability for the “Good Samaritan”

Many hesitate to intervene out of fear of “doing harm” or unintentionally causing injury. However, the Civil Code provides protection for those who render assistance selflessly.

According to section 1471 C.C.Q. :

“A person who comes to the assistance of another [...] is exempt from all liability for any injury that may result therefrom, unless the injury is due to their intentional or gross fault.”

In other words, if you act in good faith and without intent to harm, you will not be held responsible. Even if the victim suffers damage despite your efforts, the law protects you.

When can the rescuer be held liable?

There are two situations in which a person who intervenes under the duty to rescue may still be held liable :

Intentional fault : This occurs when the person acts deliberately to harm or cause injury.

• Example : you dislike the victim and deliberately delay calling for help so that they suffer.

• Example : to save a friend from drowning, you push people out of their boat, causing them to drown instead.

The Good Samaritan : courageous but prudent

Quebec law expects a Good Samaritan to intervene when necessary, without recklessness or excessive negligence.

• They must take reasonable steps likely to provide assistance.
• If they act when there is no chance of success, they may be considered reckless.

In conclusion

In Quebec, the duty to rescue others is a legal obligation. Every citizen must intervene when a life is in danger. This can be done either by acting directly or by alerting emergency services. However, such intervention must not pose a danger to oneself or to others.

This duty comes with legal protection. Anyone who acts in good faith cannot be held liable for the unintended consequences of their intervention.

Need legal advice?

If you are involved in a situation where you are accused of not intervening, consult a lawyer. Likewise, if you have rendered assistance and fear a lawsuit, it is essential to obtain proper legal advice.

Our team of lawyers can help you analyze the situation and protect your rights. Finally, contact us today for a confidential consultation.