Understanding the Firefighters Rule Exception

Firefighting is a dangerous job. Firefighters face the risk of sustaining severe injuries daily while on the job. Unfortunately, some even die because of their work. Traditionally, New York law restricted these heroes’ ability to sue for injuries suffered in the line of duty. Fortunately, today, New York law gives firefighters significant legal rights in cases where safety laws are ignored, resulting in harm. This is thanks to NYS General Municipal Law § 205-a, also known as the firefighter’s rule exception. This article explains what this rule entails, how the exception applies, and how injured firefighters can seek compensation when safety violations cause them injuries. Read on!

What Is the Firefighters Rule Exception?

Traditionally, New York abided by “The Firefighter’s Rule.” According to this law, firefighters (and other first responders) could not file lawsuits for injuries sustained in the line of duty, even if that harm resulted from another party’s negligence. The thinking behind this harsh law was that these professionals willingly took on the risks associated with their work. Put in another way, the law held that since the purpose of firefighters is to confront danger, the public should not be held liable for injuries sustained while firefighters are doing their work.

The firefighter’s rule had disastrous effects since firefighters who suffered injuries because of the negligence of third parties could not be compensated for their injuries. Those who lost their ability to work or who suffered lasting disabilities would usually be left without any legal recourse. Recognizing the unfairness of the law, New York passed General Municipal Law (GML) § 205-a in the 1950s. This rule created an exception to the firefighter’s rule. According to the law, if a firefighter suffers an injury due to another party’s violation of a statute or regulation, they can file a lawsuit and seek compensation.

GML § 205-a has been amended several times over the years, with each amendment giving firefighters more rights. For example, a defendant cannot bring up defenses that normally apply in other personal injury cases, such as assumption of risk or contributory negligence. Additionally, New York courts have repeatedly held that firefighters who file claims under § 205-a don’t need to establish a proximate-cause relationship. Instead, claimants generally need to show a practical or reasonable connection between a statutory or code violation and their injury.

Examples of When Firefighters May Be Entitled to Compensation

The following are situations when firefighters may be eligible for compensation under the firefighter’s rule exception;

• A building owner violates fire safety or building codes, and a firefighter is injured in a fire caused by that violation.
• A defective equipment causes a fire, and a firefighter is injured in the fire
• A firefighter responds to a car accident and is injured in the process. In such a case, they can sue the at-fault driver.

Does the Firefighter’s Rule Exception Replace Workers’ Compensation?

Workers’ compensation remains the exclusive remedy for work-related injuries in New York. However, GML § 205-a provides an additional remedy to firefighters who suffer injuries due to the negligence of third parties.

Contact a Long Island First Responder Injury Lawyer

If you’re a firefighter injured in the line of duty, our skilled Long Island first responder injury lawyers at Jacobson Law are ready to stand with you. We understand how to investigate safety violations and can help you recover the compensation you deserve. Contact us today to schedule a consultation and discuss your case.

Source:

nysenate.gov/legislation/laws/GMU/205-A