Tag Archives: firefighter’s rule

California Court Uses Firefighter’s Rule to Bar Negligence Action By UPS Driver

Applying the firefighter’s rule, a specialized assumption of risk doctrine under which, in its most classic form, a person who starts a fire is said to owe no duty of care to the firefighter who is employed to respond to … Continue reading

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Kansas Court Extends Firefighter’s Rule to Bar Tort Recovery by Law Enforcement Officer

Ordinarily, workers are free to pursue civil actions against third parties whose negligence causes work-related injuries. One exception, however, is the so-called “firefighter’s rule,” adopted in a number of states, that holds that a firefighter should be precluded from recovery … Continue reading

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Divided California Supreme Court Says In-Home Caregivers May Not Sue Alzheimer’s Patients For Injuries

Acknowledging that agitation and physical aggression are common late-stage symptoms of Alzheimer’s disease, that injuries to caregivers are not unusual, and that California and other jurisdictions had previously established the rule that Alzheimer’s patients were not liable for injuries to … Continue reading

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New Hampshire Court Limits Firefighter’s Rule–Slip and Fall Action by Firefighter May Continue Against Homeowner

“Danger invites rescue,” wrote Judge Benjamin Cordozo in his typical profound and pithy manner [see Wagner v. International Railway, 232 N.Y. 176, 133 N.E. 437 (1921)]. Cordozo’s pronouncement is generally credited with the establishment of the “rescue doctrine,” pursuant to … Continue reading

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