Defenses and Affirmative Defenses
Immunities and Statutory Bars
The rule prevents firefighters, police officers, and similar responders from suing the party whose negligence created the emergency for injuries arising from the inherent risks of the response.
It does not bar claims for independent negligence.
Alternative Names:
Fireman's Rule, Professional Rescuer Doctrine
Why it Matters?
The independent negligence exception is where these claims survive, since conduct unrelated to creating the emergency, such as a hidden hazard the responder was not warned about, remains actionable. Several states have abolished or limited the rule by statute, and others confine it to the specific hazard prompting the response. Confirming the state's position and the exception's scope determines whether the defense applies.
Frequently Confused with
Frequently asked questions
What claims survive the rule?
Is the rule universal?
