Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone

Tag Archives: defense

Combative Patients and Self-Defense

Today’s burning question: My crew was on an EMS run and the patient took a swing at us. Can we hit him back to defend ourselves? Answer: You can defend yourself, yes. If striking the patient is necessary to defend yourself, then yes you can strike the patient without being liable for battery. However, you cannot strike the patient in retaliation for him swinging or striking you, nor can you strike the patient out of frustration… even if he swung first!!!

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.

Name
First Last
Email*
Address*
State
Job Title
Company
CAPTCHA