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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

ADVERTISEMENT