Kara Sears
Firefighters are subject to a unique set of legal considerations due to the inherently dangerous nature of their profession. The Firefighter's Rule is a common law doctrine that restricts firefighters from suing individuals whose negligence caused or contributed to emergencies or fires that resulted in their injury or death. This rule is based on the assumption of risk, implying that firefighters willingly accept the dangers inherent to their duties. While it aims to protect landowners from liability, it has faced criticism for preventing firefighters from seeking justice for injuries sustained while serving the public. This rule has been modified or abolished in certain states, reflecting a recognition of the complexities and nuances of the job.
| Characteristics | Values |
|---|---|
| Firefighter's Rule | Firefighters cannot sue those whose negligence caused or contributed to a fire that caused injury or death |
| Firefighters are viewed as "licensees" and are owed the same duty of care as any citizen permitted to be on the property | |
| Firefighters cannot recover for personal injuries sustained while performing their duties | |
| Firefighters cannot bring a civil action against someone for an injury that occurred in the line of duty | |
| Firefighters are barred from recovering for property damage sustained while performing their duties |
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What You'll Learn
Firefighters are viewed as licensees
In general, firefighters do not require a license to perform their jobs. However, in certain circumstances, such as driving a fire truck, special licenses or certifications may be necessary. For instance, in California, a special license is mandated for firefighter drivers operating the tiller or back end of a fire truck. This involves completing fire apparatus driver training, a medical exam, and a state firefighter exam.
In the context of tort law, the term "licensee" refers to the duty of care owed to firefighters by landowners. In a 1995 ruling by the Pennsylvania Superior Court, firefighters were deemed "licensees," entitling them to the same duty of care as any citizen permitted to be on the property. Consequently, landowners are responsible for warning firefighters of any hidden dangers on the premises. This ruling aligns with earlier decisions, such as the 1988 Mull v. Kerstetter case, which established that police officers entering private property in an official capacity are generally considered licensees.
The "Fireman's Rule" or "Firefighter's Rule," a common-law doctrine, restricts firefighters from suing individuals whose negligence caused or contributed to a fire that resulted in their injury or death. This rule is based on the assumption of risk, acknowledging that firefighters knowingly confront hazards as part of their job duties. While the rule primarily applies to firefighters, some jurisdictions have extended it to include other public safety professionals, such as police officers. The determinative factor in applying this rule is whether the injury sustained is related to the inherent dangers associated with the duties of a firefighter.
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Firefighters cannot sue landowners
Firefighters, like police officers and other public safety professionals, knowingly and voluntarily confront hazards as part of their job. The firefighter's rule, a common law doctrine, assumes that firefighters are compensated for the risks inherent in their job through their salary, disability/worker's compensation, and pension benefits.
The firefighter's rule, therefore, bars firefighters from suing landowners for damages or injuries sustained while carrying out their duties, even in cases of clear negligence by the landowners. The rule originated from the theory that firefighters assume the risk inherent in their job, and so the public is not liable for injuries incurred while carrying out that function.
However, the application of the firefighter's rule has been contested and modified in some jurisdictions. For example, in Pennsylvania, firefighters are viewed as "licensees," and so landowners are responsible for warning them of any dangerous hidden conditions on the premises. Similarly, in Florida, the firefighter's rule was abolished in the 1990s, and firefighters are now considered "invitees." This means that landowners can be held liable for a firefighter's injuries if they fail to maintain the premises in a reasonably safe condition or fail to correct a dangerous condition they knew or should have known about.
In New York, the firefighter's rule has also been weakened, and firefighters now have some legal protection under the General Municipal Law Section 205-a, which allows them to sue for the violation of a statute, regulation, or rule.
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Firefighter's Rule
The Firefighter's Rule is a common law or statutory restriction on tort actions by public safety officials. The rule originated as a common law doctrine and applies to firefighters, police officers, and, in some jurisdictions, all government safety professionals. The rule bars lawsuits by these professionals from collecting damages that occur in the course of their duties, even in cases of clear negligence by other parties. The principal reason for the rule is the assumption of risk, which public safety officers willingly accept as the risks inherent to their professional duties.
The determinative factor when applying the Firefighter's Rule is whether the injury sustained is related to the particular dangers that firefighters or police officers are expected to face as part of their job duties. In situations where public safety professionals are injured while responding to an emergency, the rule precludes them from suing individuals whose negligence caused or contributed to the emergency that caused the injury. For example, the rule has been criticised for preventing police officers from suing criminals who intentionally lead them on high-speed car chases.
However, there are exceptions to the Firefighter's Rule that permit injured responders to sue even in states where the rule applies. These exceptions include situations where the person's conduct was willful, wanton, or intentional, such as intentionally running over a firefighter with a car. Another exception is when the injury was the result of a hidden trap, such as a booby-trapped staircase. Additionally, if the injury was caused by a violation of a law enacted to protect firefighters, police officers, EMS personnel, or the public, the responder may be able to sue. For example, if a company violated a building code when making repairs to a staircase, and a firefighter was injured as a result, they could sue the company.
The Firefighter's Rule has been criticised by some as an outdated concept that deprives emergency responders of the ability to recover damages and costs from negligent parties. However, most states continue to recognise the rule, applying various exceptions to moderate its unfairness.
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Exceptions to the Firefighter's Rule
The Firefighter's Rule is a common law or statutory restriction on tort actions by public safety officials. The rule bars lawsuits by firefighters, police officers, and other government safety professionals from claiming damages that occur in the course of their duties, even in cases of clear negligence by other parties. The rule is based on the assumption that public safety officers willingly accept the risks inherent to their duties. However, there are several exceptions to the Firefighter's Rule that allow injured responders to sue even in states where the rule is recognized. These exceptions can vary by state and include:
- Willful, wanton, or intentional conduct: If a person intentionally causes harm to a firefighter, most states would allow the firefighter to recover damages.
- Hidden traps: If a firefighter is injured due to a hidden trap or dangerous condition on the property that the owner/occupier failed to warn them about, they can usually seek damages from the owner/occupier.
- Violation of a law: If a violation of a law or building code intended to protect firefighters, police officers, or the public results in an injury, the firefighter may be able to sue.
- Independent negligent act: If a firefighter is injured due to an independent negligent act that did not necessitate their presence, they may be able to pursue legal action (Independent Cause Exception).
- Subsequent tortious acts: In some states, firefighters can sue for injuries caused by tortious acts that occurred after their presence at the scene was known.
- Violation of statute: If a violation of a statute independent of the incident that necessitated the firefighter's presence results in an injury, they may be able to sue.
- Risks unrelated to the task: Firefighters may be able to recover damages for injuries resulting from risks that are not inherent to their particular employment task or emergency situation.
In addition to these exceptions, some states have abandoned or superseded the Firefighter's Rule, finding it unfair to first responders who are injured in the line of duty.
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Volunteer firefighters' benefits
Volunteer Firefighters Benefits
Volunteer firefighters are community members who assist full-time firefighting staff in cities or counties. They respond to calls with full-time staff and help with other tasks, such as administering first aid, operating emergency vehicles, and maintaining equipment. They also complete administrative tasks, such as maintaining inventory, scheduling, and writing emergency reports.
Volunteer firefighters receive many benefits, including:
- The opportunity to give back to their community and make a positive influence
- Free training in emergency medical techniques like CPR
- The chance to fight fires and save lives
- Discounts and benefits from various businesses and organizations, including travel, retail, food, entertainment, fitness, and automotive discounts
- Support from organizations like the Parsippany-Troy Hills Township Firemen's Relief Association, which offers benefits such as home health care and death benefits
While volunteer firefighters may not receive a regular salary, they often receive some financial compensation and the satisfaction of contributing to their community's safety.
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Frequently asked questions
The Firefighter's Rule is a common law or statutory restriction on tort actions by public safety officials. It bars firefighters from suing those whose negligence caused or contributed to a fire that, in turn, caused the firefighter's injury or death.
The Firefighter's Rule applies to both volunteer and paid firefighters.
In 1995, the Pennsylvania Superior Court ruled that firefighters are viewed as "licensees", and are therefore owed the same duty of care that any citizen permitted to be on the property would receive.
It depends on the circumstances. For example, a firefighter who slipped and fell on wet stairs during an inspection was allowed to sue the property owner because slippery steps were not a danger inherent in their activity.
