How the “Firefighter’s Rule” Can Make It Harder for First Responders to File a Personal Injury Lawsuit

Under normal circumstances, if you are hurt on someone else’s property due to the owner’s negligence, you can file a personal injury lawsuit and seek financial compensation for your medical bills and related losses. Such premises liability claims are common when it comes to something like a customer injured in a slip-and-fall accident at the grocery store. In these cases, the customer is considered a “business invitee” of the owner, who must take reasonable steps to protect the customer from known hazards.

But what about a situation where a first responder, such as a firefighter, is fighting a fire on someone else’s property? Could the firefighter sue for any injuries they incur in the course of doing their jobs? In most cases, the answer is “no.”

Most state courts apply what is called the “Firefighter’s Rule.” Essentially, it is a judicially created rule that bars public employees who, due to their jobs, go to a given location to engage a specific risk and suffer injury as a result. Despite the name, the rule does not just cover firefighters. It would also prevent, say, a police officer from suing a suspect who injured them during the course of a car chase.

CSX Faces “Willful and Wanton Conduct” Lawsuit Following Toxic Train Derailment

The Firefighter’s Rule is not absolute, however, and there are exceptions where an injured first responder may be able to seek compensation for acts that go beyond a mistake or ordinary negligence. A federal judge in Kentucky recently addressed such a case, Franklin v. CSX Transportation, Inc.. This personal injury lawsuit arose from a November 2023 trail derailment in Rockcastle County, Kentucky.

The train, operated by CSX, contained a number of containers with hazardous chemicals. CSX officials told first responders at the scene, however, that there “was nothing to worry about” in the containers, which were “carrying substances that were food grade.” The plaintiffs in this case were among the firefighters charged with putting out the fire caused by the CSX derailment, during which time they unknowingly inhaled toxic sulfur dioxide gas.

The plaintiffs subsequently filed a personal injury lawsuit against CSX in Kentucky federal court. CSX moved to dismiss, arguing that all of the plaintiffs’ claims were barred by the Firefighter’s Rule. The judge agreed the Rule barred the plaintiffs from suing CSX for negligence. But it did not bar the plaintiffs’ allegations that CSX engaged in “willful and wanton conduct”–i.e., lying about the presence of toxic sulfur dioxide in the derailed train cars–and their lawsuit could proceed on that basis.

Contact a Madisonville Personal Injury Lawyer Today

When a personal injury case involves a large company, you can expect they will pull all out of the legal stops to avoid paying compensation to the victims. That is why your best course of action is to work with an experienced Madisonville personal injury lawyer who will fight for your rights. Contact Whitfield Crosby & Flynn to schedule a consultation. We have offices in Madisonville, Kentucky; Chattanooga, Tennessee; and Indianapolis, Indiana.

Source:

scholar.google.com/scholar_case?case=13384248359804546256