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.

Firefighter Injury (Accident) in Texas Law

Education Code

Firefighter+injury

pertaining to children of disabled firefighters and law enforcement officers, prepaid tuition units

Government Code

Firefighter+injury

pertaining to firefighter star of texas award, public officers and employees

Penal Code

Firefighter+injury

pertaining to enhanced offenses and penalties

Accident In The News
Ohio Supreme Court Finds Grandmother Should Be Allowed to Go Forward With Wrongful Death Lawsuit Against Caseworkers, but Reasons DifferLAW NEWSWIRE11/30/2021
Parade suspect's attorney quits, cites ties to victimsABC NEWS US HEADLINES11/30/2021
At least 1 injured in shooting at mall in Tacoma, WashingtonABC NEWS: TOP STORIES11/27/2021
Hundreds protest Rittenhouse acquittal across USABC NEWS US HEADLINES11/20/2021
How a Portrait on the Courtroom Wall Helped Boost a $26M Wrongful Death VerdictLAW NEWSWIRE11/11/2021
People exposed to lead in Flint, Mich., water will get a $626 million settlementNPR NEWS11/10/2021
Judge OKs a $626 million settlement for people exposed to lead in Flint, Mich., waterNPR NEWS11/10/2021
Utah Supreme Court Kicks Lead Poisoning Case Back to District Court to Answer If Intentional-Injury Exception Can Apply to Occupational Disease ClaimsLAW NEWSWIRE11/09/2021
More details are coming out about the deadly Astroworld FestivalNPR NEWS11/09/2021
Family of 6-year-old who died on amusement park ride files wrongful death lawsuitABC NEWS: TOP STORIES10/20/2021
Amtrak crash survivor details 'miracle' escape, files lawsuitABC NEWS: TOP STORIES10/07/2021
EXPLAINER: What's at stake in the 2015 Paris attacks trial?ABC NEWS WORLD HEADLINES09/07/2021
Little hope for 5 missing workers at German blast siteABC NEWS WORLD HEADLINES07/28/2021
Rescuers search for 5 missing workers at German blast siteABC NEWS WORLD HEADLINES07/28/2021
The Indirect Purchaser Rule and Private Enforcement of Antitrust Law: A ReassessmentANTITRUST & COMPETITION POLICY BLOG03/30/2021
  

John Q. Lawyer

Attorney at Law

This ad space is available. If you are an attorney in the Midlothian area that handles matters involving firefighter injury, click here for more information.

Accident-Firefighter Injury 00000000