Are there different tests for liability in emergency situations?
No. The main difference between an emergency and a non-emergency is what triggers liability. Where there is an emergency, people are expected to act and to do so quickly; failure to assist is more likely to breach the standard of care rather than how the assistance is given. (This information is an accurate reflection of material presented to the Committee on October 15, 1997, by the solicitors of the SSTA and STF.