When contributory negligence was a bar, one version of a rescue doctrine purported to disregard the contributory fault of the plaintiff injured in a rescue attempt necessitated by the D's negligence. By the way, the Govitch approach seems to be more prevalent. Failures of Causation You are responsible for this section but we will not discuss it in class. P could have easily avoided the risk by stepping into the street or taking a convenient alternative route. When P is walking near the work area, a barrel falls on her head and injures her.
P sues D for negligence and proves negligence under res ipsa loquitur.
Assume further that K.S.A. 60-258a applies. In the previous hypo, what if the barrel that hit P was being lowered to the street by Bobby McGee, an employee of Haul-Arse trucking. McGee was using rope he knew was old and frayed. The rope snapped and the barrel hit P on her head and injures her. P sued D for negligence.