ARIZONA STATE SENATE
Phoenix, Arizona
injuries; firefighters;
peace officers; EMS
Eliminates the doctrine
known as “the fireman’s rule” that states that a property owner or occupant is
not liable for unintentional injuries suffered by firefighters or police
officers in responding to a problem on the property.
The doctrine known as “the
fireman’s rule” states that a property owner or occupant is not liable for
unintentional injuries suffered by firefighters or police officers in
responding to a problem on the property.
In cases currently barred by the fireman’s rule, the rationale is
assumption of the risk, the idea that emergency personnel are prohibited from
recovering damages when they have been hurt by the very hazards that they were
employed to confront. Assumption of the
risk is normally a defense, but in cases that fall under the fireman’s rule,
the rule prevents the plaintiff from even bringing the case forward.
Jurisdictions throughout the
country have adopted various exceptions to the fireman’s rule. In 1996, New York adopted legislation
similar to S.B. 1255. The New York law
eliminates the rule as a defense to a negligence claim from an emergency
personnel employee except that a municipal employer could continue to cite the
rule.
Proponents of eliminating
the fireman’s rule state that an injured plaintiff or the family of a deceased
emergency personnel member should not be barred from filing a civil suit
because the court would still have the authority to prohibit the plaintiff from
collecting damages under the assumption of the risk doctrine. Those who believe the fireman’s rule should
remain intact state that liability for injuries sustained by emergency personnel
should not be borne by the intended beneficiaries of their services.
There is no known impact to
the state general fund.
1. Eliminates “the fireman’s rule” by creating liability for a person who causes the death or injury of a firefighter, peace officer or emergency medical personnel employed by a public entity if the injury or death is caused by wilful, wanton, intentional or negligent acts or omissions of the person and any of the following apply:
§
the
person knows or should know of the presence of the emergency personnel at the
time of the conduct causing the injury or death.
§ the conduct causing injury or death violates a statute, ordinance or rule intended to protect the emergency personnel.
§ the causation of injury or death of the emergency personnel was intentional.
§ the conduct causing injury or death resulted from arson or reckless burning, as defined in current statute.
2. Allows reduction of damage awards due to comparative negligence of the emergency personnel.
3. Excludes employers of emergency personnel from liability under this section.
4. Provides for a general effective date.
Prepared by Senate Staff
February 23, 2001