Firefighters Can File—and Win—a Civil Lawsuit for a Work-Related Injury

Every day Firefighters and police officers are risking their lives to keep us safe and willingly assume the risks inherent in their duties.  If you are one of the many amazing firefighters or police officers in California, we applaud you for your promise to protect and serve. 

As is only right, these first responders are compensated for the sacrifices they make. 

This is the agreed upon social contract, difficult and risky labor in exchange for fair compensation and protection. Just like any other profession, there is a chance that a police officer or firefighter might get hurt on the job.

What Is The Fireman's Rule?

There is a misplaced notion that there are adequate and just Workers' Compensation laws available to those firemen and police officers injured in the line of duty. This is not the case when it comes to the Fireman’s Rule. 

The Fireman’s Rule states that public safety officers are barred from bringing a civil action against someone for an injury that occurred in the line of duty. In California, the Fireman's Rule generally stated that individuals who were injured while responding to a fire or other emergency on someone else's property could not sue the property owner for damages related to the hazardous conditions that caused their injuries. 

Luckily, this rule is not as strict as it once was. There is now an adoption of the California's Fireman's Rule.

Gray Areas For Firefighters and Police Officers

As is obvious to anyone who knows a public safety officer in real life, the jobs of firefighters and police officers are not as clear-cut as California's Fireman's Rule may imply them to be. Oftentimes, work-related injuries and illnesses occur due to the negligence or misconduct of others on the job. These incidents may not have been the reason for the public safety officer's presence at the injury-producing event and should not be treated as such. Is it fair to not insure benefits to those hurt on the job merely for their choice of profession?

What is Wrong With the Fireman's Rule?

The Fireman's Rule often imposed an injustice on public safety officers and did not allow for the nuance in treatment the job needs. This creates a conflict, as often the person who created the dangerous condition suffered no consequence for his or her misconduct leaving the first responder in a precarious situation. This can result in a public safety officer being significantly limited in economic recovery by the Workers' Compensation system. Ultimately this rule does not treat public safety officers with the respect and care that their job calls for.

Exceptions to the Fireman's Rule

Luckily, In an attempt to rectify the injustice, the legislature enacted Civil Code Section 1714.9, which provides exceptions to the Fireman's Rule. The statute authorizes civil lawsuits by police and firefighters when:

• When the injury-producing harm was caused by an intentional act
• When the conduct is not intentional but occurs after the person knows or should have known of the presence of the public safety officer.
• When the conduct occurs after the person knows or should have known of the presence of the public safety officer, and violates statutes, ordinances, or regulations designed to protect the public safety officer.
• When the conduct results from reckless disregard for the safety of the public safety officer, regardless of whether the act was intentional or not.

Specific Examples of Civil Code 1714.9

The following are examples of Civil Code 1714.9 in action as it pertains specifically to firefighters.

• A firefighter slipped and fell on wet stairs during a fire safety inspection. The stairs did not have skid-resistant treads. The court held that slippery steps were not a danger inherent in the firefighter's activity, and the Fireman's Rule did not preclude him from bringing a lawsuit against the property owner.
• A firefighter suffered severe burns while fighting a warehouse fire. Because it was later discovered that the cause of the fire was arson, civil action could be taken against the arsonist.
• A firefighter responded to a chemical boilover at a plant. The owner informed the firefighter that the boilover did not involve toxic chemicals or materials and that there would be no danger in trying to contain it. These were negligent or intentional misrepresentations. The boilover did contain toxic substances to which the firefighter was exposed. The Fireman's Rule did not apply.
• A firefighter is injured in a fire in a home where the property owner was aware of significant safety hazards on their premises, and fails to address them after being warned, which resulted in said injury.
• A firefighter sustained injuries while attempting to rescue a trapped individual in a burning building. It was determined that the building's structural integrity was compromised due to negligent construction practices by the property owner, which directly contributed to the firefighter's injuries.

What Coverage do Volunteer Firefighters get?

In California, volunteer firefighters are eligible for the same benefits as full-time employees. Not all types of volunteers are eligible, but due to the level of risk associated with the position when volunteer firefighters obtain a work-related injury or illness, they are as eligible as those who work full-time as firefighters. 

So if you are a volunteer firefighter, you may be entitled to medical treatment or disability benefits if those become necessary. With all that in mind, it is also important to know what industry or jurisdiction you are a part of and whether there are specific requirements or other qualifications that you may need to meet for coverage. You should always consult your local administration or a legal professional for more specific information.

A Positive Step

"Civil Code Section 1714.9 is a victory for public safety officers," says Joanna Sacavitch, a partner at the law firm of Gordon, Edelstein, Krepack, Grant, Felton & Goldstein, LLP (GEK). 

Joanna Sacavitch has over 20 years of experience in the field of Workers Compensation. Joanna Sacavitch’s knowledge in the field can not be overstated, as she represents Teamsters, retail clerks, police officers, firefighters, ironworkers and members of the entertainment industry, including stunt and special effects people. 

"The Fireman's Rule in its traditional form is an injustice to those who make great sacrifices to protect us. We are dedicated to fighting for the rights of the men and women who put our safety and well-being front and center every day."

GEK provides free, confidential consultations for those considering legal representation in a Personal Injury or Workers' Compensation case. If you have any questions, please call us at 213-739-7000.

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