Injuries to Firefighters under Texas Law
Injuries to firefighters sustained while performing their duties are normally covered under worker's compensation claims. As a general rule of thumb firefighters may not initiate action against the property owner for injuries sustained when fighting a fire even if there may have been negligence on the part of the property owner which initiated the blaze.
Most states including Texas operate under what is known as the firefighters rule. The firefighters rule states that a "firefighter who enters the premises of another in the discharge of his or her duty may not bring a cause of action against an individual whose negligence created the risk that require the firefighters presence and resulted in their injury."
Also known as the firemen's rule or professional rescuer doctrine policy means that public safety officers have no claim for injuries suffered during the performance of their duties even if the hazard is intentionally created.
Unfortunately, this means that a member of the public that negligently causes a fire and creates a situation in which a firefighter or police officer responds has no duty of care to ensure that those responding are not injured.
The firefighters rule has on rare occasions been challenged in court. Courts have sometimes held that if the negligence occurred after the responder arrived the rule may not apply.
Firefighters injured on the job are covered under Texas worker's compensation laws.
John Q. Lawyer
Attorney at Law
This ad space is available. If you are an attorney in the Nederland area that handles matters involving firefighter injury, click here for more information.
Accident-Firefighter Injury 00000000