Fireman's rule
Encyclopedia
The fireman's rule also known as the professional rescuers rule is a common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

 or statutory
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...

 restriction on tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...

 actions by public safety officials. In general, the fireman's rule bars lawsuits by police officers, firefighters, and in some jurisdictions all professional rescuers from collecting on damages that occur in the course of their duties even in cases of clear negligence
Negligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...

 by other parties.

Rationale

At the most basic, the fireman's rule is based on the notion that public safety officers willingly assume the risks inherent in their duties. Since the very purpose of public safety officers is to confront danger, the public is not liable for injuries incurred while carrying out that function. While the rule is named after the risks and actions by firemen, the relationship between danger and duties is similar in all public safety officers, and other professional rescuers.

Criticism

The fireman's rule has been heavily criticized for preventing police officer
Police officer
A police officer is a warranted employee of a police force...

s from suing criminals who intentionally lead them on high-speed car chase
Car chase
A car chase is the vehicular pursuit of a suspect by law enforcement officers. Car chases are often captured on film and broadcast due to the availability of video footage recorded by police cars and police and media helicopters participating in the chase...

s. In response to one such case, the California State Legislature
California State Legislature
The California State Legislature is the state legislature of the U.S. state of California. It is a bicameral body consisting of the lower house, the California State Assembly, with 80 members, and the upper house, the California State Senate, with 40 members...

 enacted California Civil Code
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...

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.
The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
x
OK