## Facts

- The case involved a fatal rescue attempt in a well, where Mr. Baker died from carbon monoxide poisoning after attempting to rescue trapped workers.
- The defendants, T E Hopkins & Son Ltd, failed to implement necessary safety measures, resulting in the workers’ entrapment and creating an emergency situation.
- Mr. Baker, acting in good faith, attempted to rescue the workers but lost his life during the attempt.
- The defendants argued that Mr. Baker’s decision to enter the hazardous environment amounted to contributory negligence, potentially reducing or negating their liability.

## Issues

1. Whether a rescuer's actions, undertaken in an emergency, amount to contributory negligence sufficient to reduce or bar recovery from the negligent party.
2. Whether the defendants owed and breached a duty of care that made the subsequent rescue foreseeable and rendered them liable for the rescuer’s harm.
3. Whether public policy should shield rescuers from findings of contributory negligence when they act reasonably in emergency situations.

## Decision

- The Court of Appeal held that rescue attempts, undertaken in good faith and under reasonable circumstances, do not ordinarily constitute contributory negligence.
- The actions of Mr. Baker were deemed reasonable responses to an emergency created by the defendants’ negligence; thus, he was not contributorily negligent.
- The defendants remained liable for the foreseeable consequences of their negligence, including harm suffered by rescuers.
- The court emphasized that law and society support rescue efforts and do not penalize those acting altruistically in emergencies.

## Legal Principles

- Contributory negligence, under the Law Reform (Contributory Negligence) Act 1945, may reduce damages in proportion to the plaintiff’s fault but is not generally applied to reasonable rescue attempts.
- Duty of care is owed by a negligent party if it is foreseeable that their actions could create an emergency prompting rescue.
- The rescue doctrine provides that a person who suffers harm while attempting a reasonable rescue is not to be treated as contributorily negligent for acting in response to the emergency created by another's wrongdoing.
- Rescuers are held to the standard of a reasonable person in emergencies; actions considered reasonable in the circumstances will not attract findings of contributory negligence.
- Public policy favors protection and encouragement of rescue attempts to advance social welfare and safety.

## Conclusion

Baker v T E Hopkins & Son Ltd established that rescuers acting reasonably in emergencies are not to be found contributorily negligent, affirming liability on negligent parties whose conduct foreseeably leads to rescue attempts. The decision reinforces the protection of altruistic conduct within the framework of tort law, aligning legal principles with societal values.


Baker v T E Hopkins & Son Ltd [1959] 3 All ER 225 (CA)