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Personal Injury & Torts

Jun. 3, 2000

Backdraft

Practitioner: By Mitchell Ehrlich The "fireman's rule" is traditionally applied to professional rescuers, who, because of the hazards of their job, are not owed a duty of care by those whose negligence necessitates their services. First applied to firefighters , the rule provides that negligence in causing a fire furnishes no basis for liability to a firefighter injured while fighting the fire. The rationale was that firefighters "whose occupation by its very nature exposes them to particular risks of harm, cannot complain of negligence in the creation of the very occasion for their engagement." Walters v. Sloan, 20 Cal.3d 199 (1977).


        By Mitchell Ehrlich
        
        The "fireman's rule" is traditionally applied to professional rescuers, who, because of the hazards of their job, are not owed a duty of care by those whose negligence necessitates their services. First applied to firefighters , the rule provides that negligence in causing a fire furnishe...

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