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The fireman's rule (firefighter's rule) is a
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
or
statutory A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...
restriction on
tort A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with cri ...
actions by public safety officials. In general, the fireman's rule bars lawsuits by
firefighters A firefighter (or fire fighter or fireman) is a first responder trained in specific emergency response such as firefighting, primarily to control and extinguish fires and respond to emergencies such as hazardous material incidents, medical in ...
,
police officers A police officer (also called policeman or policewoman, cop, officer or constable) is a warranted law employee of a police force. In most countries, ''police officer'' is a generic term not specifying a particular rank. In some, the use of ...
and, in some jurisdictions, all government safety professionals from collecting on damages that occur in the course of their duties even in cases of clear
negligence Negligence ( Lat. ''negligentia'') is a failure to exercise appropriate care expected to be exercised in similar circumstances. Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a neg ...
by other parties.


Rationale and Use

The principal reason for the firefighter's rule is the assumption of the risk that public safety officers willingly accept as the risks inherent to their professional duties. Said another way, since the very purpose of public safety professionals such as firefighters and police officers is to confront danger, the public is not liable for injuries incurred while carrying out that function. Although the rule is named after the risks and actions by firefighters, the relationship between danger and duties is similar in all public safety officers, and other professional rescuers. Many jurisdictions have extended this rule to include other public safety professionals. The determinative factor when applying the firefighter's rule is whether the injury sustained by the firefighter or police officer is related to the particular dangers which they are expected to face as part of their job duties. In situations where public safety professionals are injured while responding to an emergency, the firefighter's rule precludes the public safety professionals from suing individuals whose negligence caused or contributed to the emergency that caused the injury.


Criticism

The fireman's rule has been heavily criticized for preventing
police officer A police officer (also called policeman or policewoman, cop, officer or constable) is a Warrant (law), warranted law employee of a police, police force. In most countries, ''police officer'' is a generic term not specifying a particular rank. ...
s from suing criminals who intentionally lead them on high-speed
car chase A car chase or vehicle pursuit is the vehicular overland chase of one party by another, involving at least one automobile or other wheeled motor vehicle, commonly hot pursuit of suspects by law enforcement. The rise of the automotive industry i ...
s. In response to one such case, the
California State Legislature The California State Legislature is the bicameral state legislature of the U.S. state of California, consisting of the California State Assembly (lower house with 80 members) and the California State Senate (upper house with 40 members). ...
enacted
California Civil Code The Civil Code of California is a collection of statutes for the State of California. The code is made up of statutes which govern the general obligations and rights of persons within the jurisdiction of California. It was based on a civil code o ...
Section 1714.9 in 1982, which overrides the fireman's rule where the tortious conduct occurred after the defendant knew or should have known of the plaintiff's presence. In Minnesota peace officers are exempted from the fireman's rule by statute.


Exceptions

In certain states, such as Pennsylvania, the courts have not always applied the fireman's rule. In 1995, the Pennsylvania Superior Court ruled that in regards to landowners, firefighters are viewed as "licensees," and are therefore owed the same duty of care that any citizen who is permitted to be on the property would receive. In earlier decisions, such as 1988's ''Mull v. Kerstetter'', in which a volunteer firefighter was injured after falling into an unmarked and unprotected window well, the court ruled that a police officer entering land in his or her official capacity and in response to a call for assistance is generally considered a licensee. Therefore, the landowner is responsible for warning the licensee of any dangerous hidden conditions on the premises.


See also

* Baseball Rule, similar tort exception for foul-ball injuries to spectators at baseball games, which holds that a baseball team or its sponsors cannot be held liable for such injuries as long as sufficient protection measures have been implemented * Rescue doctrine


References

Common law rules Tort law {{Law-stub