Duty To Rescue: Colorado vs. Arizona

In Colorado, there is a general statutory duty to rescue under Colorado Revised Statutes § 13-21-111. This law establishes that a person who witnesses another individual in imminent danger must take reasonable steps to assist if it is safe to do so. Failure to act can result in civil liability, but it is important to note that the law emphasizes that individuals are protected from liability as long as their attempt to rescue is not reckless or grossly negligent. Thus, while a duty exists, it is not absolute and is conditioned on the feasibility and safety of the action taken.

Arizona does not impose a legal duty to rescue in the same way Colorado does. Under Arizona law, specifically A.R.S. § 13-3620, individuals are not mandated to assist others in peril unless they have a specific relationship, such as a caregiver to a child. However, Arizona law does encourage citizens to report emergencies, and a good Samaritan law protects those who voluntarily provide assistance from liability, provided that their actions are not willfully negligent. Consequently, while there is no strict duty to act, there are incentives and protections for those who choose to intervene.