Thursday, January 2, 2014

Firefighter's Rule Meaning and Definition

Firefighter's Rule defined

Under the firefighter's rule, police and fire personnel are deemed to assume the risk of job related injuries. The firefighter's rule bars claims of common law negligence by police and fire personnel for injuries related to increased risk that are connected to theiremployment. Wdler v. City of NewYork, 14 N.Y.3d 192 (2010).

Keep in mind, however, that where the officer or firefighter is injured just because he/she happened to be there coincidently, and was not engaged in any specific duty that increases the risk of injury, the firefighter rule does not apply, and the injured officer or firefighter can recover.
Under the majority rule, firefighters are only licensees. The occupier of land ahs the obligation to exercise reasonable care in his/her activities and to give warning of dangers which he/she knows, but the occupire has no obligation to inspect and prepare the premises for them. This rule's rationale is that police officers and firemen are likely to enter the premises at unforeseeable times and upon unusual parts of the premises, and under emergency circumstances where there exists no possibility to reasonably prepare for the visit.

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