MBE Rules · Torts
Firefighter's rule
The rule
Under the majority firefighter's rule, professional rescuers such as police officers and firefighters may not recover in tort against the party whose negligence created the very emergency that occasioned their presence. The rule does not bar recovery for independent acts of negligence unrelated to the reason for the response, for intentional or reckless conduct, or where a statute provides otherwise.
In plain English
A firefighter can't sue the homeowner for the fire she was called to put out. She can sue for wholly separate wrongdoing (e.g., an assault at the scene) and, in many states, for hidden hazards not related to the emergency.
The trap
Applies only to on-duty professionals responding to the emergency; volunteer rescuers are covered by the rescuer doctrine instead.
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