ILNews

'Fireman's rule' prevents officer from filing suit

Back to TopCommentsE-mailPrintBookmark and Share

The "fireman's rule" doesn't allow a professional emergency responder to file a claim for the negligence that creates the emergency to which he or she responds, the Indiana Supreme Court upheld today. As a result of its ruling, the high court unanimously ruled a police officer's complaint against an adult showclub must be dismissed.

In Babes Showclub, Jaba Inc., and James B. Altman v. Patrick and Lisa Lair, No. 49S05-0905-CV-214, the justices examined the 116-year-old rule originally established in Woodruff v. Bowen, 136 Ind. 431, 34 N.E. 1113 (1893). Patrick and Lisa Lair sued Babes Showclub and its owner after Patrick, an Indianapolis police officer, was injured by a drunk, underage patron while responding to a report of an unruly customer at the club. They alleged the club maintained a nuisance, was negligent in failing to provide adequate security, and violated dram shop laws.

Babes filed a motion to have the complaint dismissed for failure to state a claim, citing Indiana's fireman's rule. The trial court denied that, but certified it for interlocutory appeal. The Indiana Court of Appeals reversed, holding the fireman's rule prevented any recovery by Lair.

The justices took a look at past cases dealing with the fireman's rule, which continued to hold that a professional emergency responder couldn't sue unless a property owner failed to refrain from "positive wrongful acts." The high court in 1995 established an exception to the rule in Heck v. Robey, 659 N.E.2d 498, 500 (Ind. 1995), in which it held a paramedic wasn't barred from recovering for injuries he sustained as a result of acts happening after he arrived on the scene.

Previous caselaw viewed the fireman's rule as turning solely on premises liability, which isn't correct, wrote Justice Theodore Boehm. Heck didn't limit the rule to injuries sustained on the defendant's premises; the responder could recover because of the "positive wrongful acts" committed by Robey: Robey became violent and injured Heck after he responded to Robey's accident.

"In sum, previous Indiana cases are consistent in results, if not in reasoning," wrote the justice. "Each is consistent with the view that an emergency responder may not recover for the negligence that created the situation to which the responder responds, but the rule applies only to emergency responders, and does not bar recovery for negligence unrelated to the creation of the emergency."

Public policy is the basis for the rule, the justices agreed, and the fireman's rule is best understood as reflecting a policy determination that emergency responders shouldn't be able to sue for the negligence that created the emergency to which they respond to in their official capacity.

Lair's complaint alleged nothing suggesting that Babes was negligent in any aspect apart from the negligence that produced the emergency situation with the unruly patron. As a result, the complaint fails to state a claim against the club in the face of the fireman's rule, wrote Justice Boehm.

The case was remanded with instructions to dismiss the complaint for failure to state a claim upon which relief can be granted.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

ADVERTISEMENT