JP 3-50 National Search and Rescue Manual Vol I - US Navy

1200 General
1210 Domestic Framework
CHAPTER 12. LEGAL ASPECTS
1220 International Framework
1221 Obligations of Ships at Sea
1222 Right of Assistance Entry
1223 SAR Agreements
1224 United States SAR in Foreign States
1225 Foreign SAR in the United States
1230 Body Searches
1231 Removal of Human Remains
1232 Disposal of Human Remains
1240 Private Property
1241 Entering Private Property
1242 Handling Privately Owned Property
1243 Unclaimed or Abandoned Property
1250 Charges for Services
1260 Civil Action Following SAR Incidents
1200 GENERAL
SAR personnel should generally not be concerned with legal issues
other than as set forth in this chapter. If the primary purpose of SAR,
saving of life and property, is carried out with reasonable care, good
judgment, and common sense, SAR personnel and agencies should not fear
potential legal liability.
1210 DOMESTIC FRAMEWORK
A. 14 USC 88 permits the Coast Guard to rescue persons or property
in distress, take charge of and protect property saved, provide food and
clothing to persons in distress, and destroy or tow hazards to
navigation. This provisions authorizes the Coast Guard to engage in
saving life and property in the broadest possible terms, without
limitation as to place. This is a discretionary statute; duty to
perform SAR is not mandatory. Once a mission is undertaken, it should
be conducted in a responsible manner. The agency performing SAR may be
subject to liability to a person needing assistance if physical harm
results from a rescuer's failure to exercise reasonable care in carrying
out a rescue, or if harm results because a person reasonably relied on
the rescue effort, foregoing other opportunities to obtain assistance.
However, liability normally results only where injuries are caused by
unreasonable actions on the part of the rescuer.
B. 14 USC 2 establishes maintenance and operation of rescue
facilities as a primary mission of the Coast Guard.