Liability in Search and Rescues: Should Individuals who Necessitate Their Own Rescues Have to Pay?

Huss Sheila M.
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Huss Sheila M.: University of Colorado Denver

Journal of Homeland Security and Emergency Management, 2010, vol. 7, issue 1, 21

Abstract: Over the course of the past several years, numerous disasters in the outdoors have received widespread attention by the media and the American public. Search and rescue (SAR) services in the U.S. generally have been provided free of charge to outdoor enthusiasts who need them. In light of the excessive costs associated with some rescues, the fact that many rescues are either the result of perceived stupidity or unwarranted, and other factors, there has been a shift toward charging individuals who necessitate their own rescues.This paper examines the legal basis for free SAR services in the U.S., the rationale behind the shift toward charging for these services, and the implications of holding individuals liable for the cost of SAR activities. It reviews the formal shift toward individual liability for SAR services, looking specifically at state legislation and local policies, as well as some case law. Finally, the paper discusses the implications of charge-for-rescue policies.

Keywords: search and rescue; free public services doctrine (search for similar items in EconPapers)
Date: 2010
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DOI: 10.2202/1547-7355.1603

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