Minnich v. Med-Waste, Inc. case brief summary
564 S.E.2d 98 (2002)
CASE FACTS
The Supreme Court of South Carolina held that South Carolina has never recognized the firefighter's rule, and found that it was not part of the state's common law. The tort law of the state adequately addressed negligence claims brought against non-employer tortfeasors arising out of injuries incurred by firefighters and police officers during the discharge of their duties.
DISCUSSION
The certified question was answered in the negative.
Suggested Study Aids For Tort Law
564 S.E.2d 98 (2002)
CASE SYNOPSIS
On certification from the United States
District Court, the Supreme Court of South Carolina considered: does
the firefighter's rule bar an emergency professional, such as a
firefighter, police officer, or public safety officer, who is injured
as a result of performing his or her duties, from recovering
tort-based damages from the party whose negligence caused the injury?CASE FACTS
The Supreme Court of South Carolina held that South Carolina has never recognized the firefighter's rule, and found that it was not part of the state's common law. The tort law of the state adequately addressed negligence claims brought against non-employer tortfeasors arising out of injuries incurred by firefighters and police officers during the discharge of their duties.
DISCUSSION
- The Supreme Court of South Carolina was not persuaded by any of the various rationales advanced by other states' courts that recognized the firefighter's rule.
- The more sound public policy, adopted by the Supreme Court of South Carolina, was to decline to promulgate a rule singling out police officers and firefighters for discriminatory treatment.
The certified question was answered in the negative.
Suggested Study Aids For Tort Law
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