Applying the firefighter’s rule, a specialized assumption of risk doctrine under which, in its most classic form, a person who starts a fire is said to owe no duty of...
California Court Uses Firefighter’s Rule to Bar Negligence Action By UPS Driver California Court Uses Firefighter’s Rule to Bar Negligence Action By UPS DriverOrdinarily, workers are free to pursue civil actions against third parties whose negligence causes work-related injuries. One exception, however, is the so-called “firefighter’s rule,” adopted in a number of states,...
Kansas Court Extends Firefighter’s Rule to Bar Tort Recovery by Law Enforcement Officer Kansas Court Extends Firefighter’s Rule to Bar Tort Recovery by Law Enforcement OfficerAcknowledging that agitation and physical aggression are common late-stage symptoms of Alzheimer’s disease, that injuries to caregivers are not unusual, and that California and other jurisdictions had previously established the...
Divided California Supreme Court Says In-Home Caregivers May Not Sue Alzheimer’s Patients For Injuries Divided California Supreme Court Says In-Home Caregivers May Not Sue Alzheimer’s Patients For Injuries“Danger invites rescue,” wrote Judge Benjamin Cordozo in his typical profound and pithy manner [see Wagner v. International Railway, 232 N.Y. 176, 133 N.E. 437 (1921)]. Cordozo’s pronouncement is generally...
New Hampshire Court Limits Firefighter’s Rule–Slip and Fall Action by Firefighter May Continue Against Homeowner New Hampshire Court Limits Firefighter’s Rule–Slip and Fall Action by Firefighter May Continue Against Homeowner