Firemen’s Rule

Indiana Appeals Court Upholds Firefighter’s Right to Sue Despite Firefighter’s Rule

A Fort Wayne fire captain who was injured at a commercial building fire, will be able to proceed with a negligence suit against the tenant whose scooter business caused the fire. Captain Richard Dolsen, Jr., was injured when he fell through an unfinished wall where a stud had been removed.

Fire Law Roundup for June 13, 2022

In the episode of Fire Law Roundup for June 13, 2022, Brad and Curt discuss a sexual harassment case involving a volunteer fire department; a collective bargaining case on military leave; a discrimination suit by a firefighter over an interracial marriage; a unilateral change to a COVID sick leave policy; and the settlement of a LODD suit brought against the manufacturer of gas piping that ruptured starting a fire.

Court Approves Settlement in LODD Suit Brought by Widow of Maryland Firefighter

The widow of a Maryland firefighter who died at a house fire in 2018, has reached a settlement with the manufacturer of gas piping said to have been the cause of the fire. Nathan E. Flynn, a firefighter with the Howard County Fire Department, died on July 23, 2018.

LA City Captain Burned in Explosion Sues Businesses

A Los Angeles City fire captain who was seriously burned while escaping an explosion at a building involved in the marijuana trade, has filed suit against the property owners and associated businesses. Captain Victor Aguirre and his wife filed suit alleging strict liability for ultrahazardous activities, negligence, premises liability, and punitive damages.

Virginia Court Rejects Application of Firefighter’s Rule

A Virginia court has rejected the claims of a waste management company that firefighters who were injured at a fire in 2017 are prohibited from suing by the Firefighter’s Rule. The suit was brought by firefighters Jeffrey W. Cockey and Andrew J. Neuhaus against Covanta Fairfax, Inc. alleging negligence and gross negligence.

Jacksonville Firefighters Suit to Proceed, Firefighter’s Rule Rejected

A lawsuit filed by ten Jacksonville firefighters who were injured in a ship fire will proceed as the trial court rejected defense motions to dismiss their claims based on the Firefighters’ Rule. The injured firefighters were caught in an explosion aboard the cargo ship Hoegh Xiamen.

Utah Supreme Court Creates Exception to Professional Rescuer Rule

In a landmark decision the Supreme Court of Utah has ruled that a firefighter injured at an emergency scene can recover from a property owner despite the professional rescuer rule when the injury results from gross negligence or intentional conduct. The 3-2 ruling handed down last week will allow a suit filed by South Salt Lake firefighter David Scott Ipsen to proceed.

Firefighter and Utilities Settle Burn Injury case for $5 Million

A firefighter who was severely burned in 2015 while battling a wildland fire in Washington state has reached a $5 million settlement with two utility companies who were blamed for causing the fire. Daniel Lyon Jr. was the sole survivor of a US Forest Service engine company that was overrun by fire on August 19, 2015 during the Twisp River Fire.

Boston Captain Drops Suit Against Dentist

A lawsuit filed last year by a Boston fire captain for injuries he sustained at a fatal fire in 2016, has been voluntarily dismissed. Captain Kevin Garry was injured at a building fire in the dental office of Dr. Walter Holman.

Suit By Boston Fire Captain Raises Fireman’s Rule Question

A Boston fire captain who was injured at a fatal fire in 2016, has filed suit against the building owner, raising questions about the Fireman's Rule. Kevin Garry was injured while operating at a fire in a building that housed the dental office of Dr. Walter Holman.

Seattle Firefighter Sues Over Blast Injuries

A Seattle firefighter injured last year in a gas explosion is suing the gas company and two contractors that he claims are responsible for the blast. Jeff Markoff filed suit against Puget Sound Energy, Pilchuck Contractors, and Michels Corporation, accusing them of “egregious neglect, recklessness, and the disregard for public safety.”

Family of Deceased Firefighter Sues Homeowner for Wrongful Death

The family of a firefighter who was killed at a house fire last year in Woodstock, New York, has filed suit against the owner of the house alleging negligence and wrongful death. Jack Rose, 19, a volunteer firefighter with the Mount Marion Fire Department, died on December 19, 2015, at chimney fire in Woodstock. Rose had recently been elected captain.

Fireman’s Rule and Recovering for Injuries

Today’s burning question: I am a career firefighter and tore my left MCL on a medical call when a patient kicked me. I am receiving worker's comp, but I was wondering if a firefighter has the ability recover from the responsible party? Answer: A firefighter's ability to recover is going to depend initially on your state’s interpretation of the “Fireman’s Rule”.

Injured California Firefighters Sue Firms Responsible for Explosion

Four firefighters from two California departments have filed suit against two firms that were responsible for an explosion in Santa Paula last year. The firefighters were reportedly injured at the scene after they were assured by company representatives that is was safe for them to enter.

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