Arizona "Firefighter´s Rule" and Police Officer Personal Injury Claims
Mark Breyer
May 20, 2009
Unfortunately, due to the large number of miles driven by Arizona police officers, Arizona motorcycle accidents and car accidents happen far too often with police officers. Many police officers are unaware that in Arizona there is a statute called the "firefighter´s rule" or the "fireman´s rule" that prevents police officers from being compensated when they are on duty and subsequently hurt while helping another individual. The general theory of the rule is that a police officer is supposed to protect the public and that the officer assumes risk when helping members of the public. Therefore, since the officer assumes this risk, if a member of the public hurts the police officer while the officer is helping that individual, the officer should not be able to then sue the individual. That being said, police officers do enter the line of duty to protect lives, but they do not assume all risks of injury.
The "fireman´s rule" is an ancient rule going all the way back to English common law. It actually began with firefighters and then began expanding to other public officers. Many states throughout the country are abandoning this rule. Unfortunately, Arizona law still adheres to the "firefighter´s rule."
Let us give you an example of how this rule works. For instance, a while back there was a toy run that was being held wherein police officers and about 400 other motorcycle drivers were bringing toys from Chandler, Arizona to Maricopa County, Arizona. Two officers were participating. While riding, another rider cut in front of them and cut the officers off. As a result, the on-duty police officers were injured during the toy drive. It would not be a surprise to see the insurance company for the individual who cut them off argue that they are not entitled to compensation because of the "fireman´s rule." Of course, knowledgeable personal injury lawyers will argue that the "fireman´s rule" does not apply since these officers were not entitled to be there.
Here is another example that may help explain the "firefighter´s rule." A police officer is called down to the scene of an automobile accident in Phoenix, Arizona. While at the scene of the accident, helping the person who is inside of the vehicle get out of the vehicle, another driver comes and hits the police officer. Under this scenario, a police officer who suffers serious injuries in a car accident like this is entitled to bring a personal injury claim, it would not be barred by the "fireman´s rule." The individual who hit the officer may incorrectly argue that the police officer was in the line of duty and that he is barred from getting any compensation. If we represented the police officer, we would argue that the "fireman´s rule" does not apply. Without the best possible personal injury lawyers this officer could find, he may be left without a valid claim. However, the negligence in this scenario does not meet the necessary criteria to allow the negligent driver to avoid responsibility for this incident.
There are many other examples, of course, and the analysis is always somewhat complicated and very dependent on the facts of that particular case, and not always a "black or white" answer. Currently, we are helping clients who were on duty as police officers and we are fighting to make sure they collect a fair personal injury settlement. We continue to fight to avoid allowing someone to escape the personal responsibility they owe to the person who suffered serious and permanent injuries.
If you are in need of someone with expertise in Arizona personal injury law, as opposed to just any lawyer who may not have the requisite experience in these matters, feel free to call the skilled Phoenix personal injury attorneys at Breyer Law Offices, P.C. Our clients do not just come from one part of the state of Arizona, or even one part of the world. Our firm has been retained by clients who suffered serious injuries in Arizona that we worked for while they have lived in Asia, Europe, and South America, not to mention all over the United States. Our clients in Arizona have been from Flagstaff to Tucson, Yuma to Phoenix, Chandler to Glendale, and everywhere in between. If you are looking for someone who has the experience and will provide you honest answers to your questions and a real analysis of the claim to see if there is a legal right to compensation, please feel free to give us a call at 602-978-6400.
The "fireman´s rule" is an ancient rule going all the way back to English common law. It actually began with firefighters and then began expanding to other public officers. Many states throughout the country are abandoning this rule. Unfortunately, Arizona law still adheres to the "firefighter´s rule."
Let us give you an example of how this rule works. For instance, a while back there was a toy run that was being held wherein police officers and about 400 other motorcycle drivers were bringing toys from Chandler, Arizona to Maricopa County, Arizona. Two officers were participating. While riding, another rider cut in front of them and cut the officers off. As a result, the on-duty police officers were injured during the toy drive. It would not be a surprise to see the insurance company for the individual who cut them off argue that they are not entitled to compensation because of the "fireman´s rule." Of course, knowledgeable personal injury lawyers will argue that the "fireman´s rule" does not apply since these officers were not entitled to be there.
Here is another example that may help explain the "firefighter´s rule." A police officer is called down to the scene of an automobile accident in Phoenix, Arizona. While at the scene of the accident, helping the person who is inside of the vehicle get out of the vehicle, another driver comes and hits the police officer. Under this scenario, a police officer who suffers serious injuries in a car accident like this is entitled to bring a personal injury claim, it would not be barred by the "fireman´s rule." The individual who hit the officer may incorrectly argue that the police officer was in the line of duty and that he is barred from getting any compensation. If we represented the police officer, we would argue that the "fireman´s rule" does not apply. Without the best possible personal injury lawyers this officer could find, he may be left without a valid claim. However, the negligence in this scenario does not meet the necessary criteria to allow the negligent driver to avoid responsibility for this incident.
There are many other examples, of course, and the analysis is always somewhat complicated and very dependent on the facts of that particular case, and not always a "black or white" answer. Currently, we are helping clients who were on duty as police officers and we are fighting to make sure they collect a fair personal injury settlement. We continue to fight to avoid allowing someone to escape the personal responsibility they owe to the person who suffered serious and permanent injuries.
If you are in need of someone with expertise in Arizona personal injury law, as opposed to just any lawyer who may not have the requisite experience in these matters, feel free to call the skilled Phoenix personal injury attorneys at Breyer Law Offices, P.C. Our clients do not just come from one part of the state of Arizona, or even one part of the world. Our firm has been retained by clients who suffered serious injuries in Arizona that we worked for while they have lived in Asia, Europe, and South America, not to mention all over the United States. Our clients in Arizona have been from Flagstaff to Tucson, Yuma to Phoenix, Chandler to Glendale, and everywhere in between. If you are looking for someone who has the experience and will provide you honest answers to your questions and a real analysis of the claim to see if there is a legal right to compensation, please feel free to give us a call at 602-978-6400.
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