You be the Judge: Firefighters

If you are a firefighter, this may interest you.

In 1960, New Jersey adopted the "Firefighters' Rule", which prevents a firefighter from suing a landowner or tenant in control of premises for negligence.  The theory of the Rule was that no duty was owed to the firefighter, except to refrain from injuring him wilfully.  It was also said that a firefighter assumed the risk of injury; after all, responding in an inherently dangerous environment was what a firefighter was hired to do.

In March, 2007, the Supreme Court reviewed a lawsuit brought by a firefighter who sustained injuries responding to a fire at defendant's bar when he was attacked by patrons.  Plaintiff claimed defendant was negligent in failing to provide adequate security.

The trial court dismissed the suit because of the Rule.

The Appellate Division reversed, and remanded the case for trial. 

The Supreme Court reviewed the decision.

YOU BE THE JUDGE:  Does the "Firefighters' Rule" have continued vitality?

The Supreme Court affirmed the decision by the Appellate Division.  It noted that, after the Firefighters' Rule, the Legislature enacted a statute recognizing broad rights to first responders injured as a result of both negligent and intentional acts.  The Supreme Court concluded that, in enacting this statute, the Legislature intended to abrogate the Firefighters' Rule.