Sepega v. DeLauraAnnotate this Case
The firefighter’s rule should not be extended beyond claims of premises liability so as to bar a police officer from recovering, under theory of ordinary negligence, from a homeowner who is also an alleged active tortfeasor.
Plaintiff, a municipal police officer, sued Defendant, arguing that Defendant had negligently “created conditions which mandated that Plaintiff forcibly enter the premises in order to prevent harm” and resulted in Plaintiff’s injuries. Plaintiff did not make any claim that his injuries were caused by a defect in the premises. The trial court granted Defendant’s motion to strike and then granted judgment for Defendant, concluding that Plaintiff’s claim was barred by the firefighter’s rule. The Supreme Court reversed, holding that the firefighter’s rule does not apply to general negligence claims.