Legally Speaking ...
New Jersey favors its Police and Firefighters...
and abolishes the "Firemans Rule!"
By: Anthony V. Locascio, Esq
The New Jersey Supreme Court has at last abolished the "Fireman's Rule." On March 13,2007, for the first time, the N.J. Supreme Court decided that first responders can recover "damages from a property owner for injuries sustained while confronting an emergency on the owners premises." The case before the Supreme Court arose out of a police officer's response to a call to quell an altercation at a bar, during which he was attacked and injured by drunken patrons.
Ordinarily, the "Fireman's Rule" would only allow the policeman (and any first responder) to recover worker's compensation benefits and strictly prevent him from bringing a lawsuit (third party action) against the bar owner for inadequate security. The rationale of this rule was that since it is a first responder's "business to deal with that very hazard and hence... he cannot complain of negligence in the creation of the very occasion of his engagement." However, for years this rule has been criticized by attorneys (myself included) as it goes against the foundation of our justice system which allows ALL injured persons the right to initiate a suit for injuries received per the wrongdoing of others.
By abolishing the "fireman's rule," N.J. has joined other states (Wisconsin., Minnesota., New York, Colorado, and Oregon) in providing " a broad right of action to a first responder who is injured on the premises to which he has been called."
Thus, when a first responder is injured per the negligence of a property owner to which he or she responds, as between the rights of the property owner and the first responder, the N.J. Supreme Court has declared that the responder must come first.
If you have a general legal question you would like discussed, please type or print clearly and send your question to ... The Journal at PO Box, 422 Colts Neck, New Jersey 07722 or you may email your questions to cnjournal@msn.com or to Anthony at anthony@goldandalbanese.com. The names of persons submitting questions, and the specific subject matter shall be kept strictly confidential.
This article is meant for informational purposes only, and is not legal advice. No representations or warranties are made with regard to the accuracy or content of this information. Always contact an attorney before taking any legal action.
ANTHONY V. LOCASCIO is Certified by the Supreme Court of New Jersey as Civil Trial Attorney and is an attorney with the firm of GOLD, ALBANESE & BARLETTI with offices in Red Bank (732-936-9901), Morristown, New York, and Boston, Massachusetts.
