Firefighter Injury Lawsuits: Can You Sue a Homeowner for On-the-Job Injuries?

Each year, firefighters bravely rush into harm’s way, facing flames and hazardous conditions to protect our communities. According to the National Fire Protection Association (NFPA), there were 62 on-duty U.S. firefighter fatalities in 2024. While they are dedicated to their duty, they are exposed to many risks, and injuries are, unfortunately, a common occurrence. But what happens when a firefighter is injured on the job due to a homeowner’s negligence? Can a firefighter sue a homeowner for on-the-job injuries? The answer, as with many legal questions, is complex and depends on various factors, including the “Firefighter’s Rule” and its exceptions.

Understanding the Firefighter’s Rule

The “Firefighter’s Rule” is a legal doctrine that has historically limited the ability of firefighters (and other public safety officers) to sue property owners for injuries sustained while performing their duties. The rationale behind this rule is that firefighters assume certain risks inherent in their profession. As the Wikipedia explains, “the very purpose of public safety professionals such as firefighters and police officers is to confront danger, the public is not liable for injuries incurred while carrying out that function”. It’s based on the idea that firefighters are trained and compensated to handle these dangers, and it would be unfair to hold property owners liable for creating the very situation to which the firefighters respond.

However, the Firefighter’s Rule has been heavily criticized and has seen significant erosion over time. Many find it unfair that a firefighter injured due to someone’s negligence should be barred from seeking compensation. As a result, numerous exceptions to the rule have emerged, and some states have even abolished it altogether.

Exceptions to the Firefighter’s Rule: When Can a Firefighter Sue?

While the Firefighter’s Rule may still exist in some jurisdictions, several exceptions allow firefighters to sue homeowners for on-the-job injuries. These exceptions often revolve around the concept of negligence. Negligence occurs when a person fails to exercise reasonable care, resulting in harm to another person. In the context of firefighter injury lawsuits, negligence can take various forms:

Negligent acts unrelated to the fire: The Firefighter’s Rule typically applies to the initial incident that brought the firefighter to the property. However, if a homeowner commits a negligent act that is separate from the cause of the fire and that act injures a firefighter, the homeowner may be liable. For example, if a firefighter falls through a rotted porch while responding to a fire, the homeowner’s failure to maintain the porch could be considered negligence, as stated in a 2012 New Hampshire Supreme Court ruling.
Failure to warn of known hazards: Homeowners have a duty to warn firefighters of any known, hidden dangers on their property. For instance, failing to disclose the presence of a broken gas line or structural instability could lead to liability if a firefighter is injured as a result.
Violation of statutes or ordinances: If a homeowner violates a safety statute or ordinance, such as a building code or fire code, and that violation contributes to a firefighter’s injury, the homeowner may be liable.
Willful or wanton misconduct: If a homeowner’s actions are deemed willful or wanton, meaning they acted with reckless disregard for the safety of others, the Firefighter’s Rule may not apply. For example, if a homeowner intentionally sets a fire, they could be held liable for any resulting firefighter injuries.
Negligence after arrival: The Firefighter’s Rule generally doesn’t protect homeowners from liability for negligent acts committed after firefighters have arrived on the scene. For example, if a homeowner negligently runs over a firefighter while they are battling a blaze, they could be held liable.

Common Injuries and Causes

Firefighters face a wide range of potential injuries in the line of duty. According to the NFPA, the most common types of injuries include:

Overexertion and strain: Overexertion or strain injuries continues to represent the leading cause of firefighter deaths with 40 fatal injuries (65 percent) in 2024.
Smoke inhalation: Smoke inhalation was the most common overall injury symptom experienced by firefighters, accounting for one-quarter of the fireground injuries (25 percent).
Sprains and strains: Sprain and strain injuries, regularly a leading injury symptom, accounted for just over one in five overall fireground injuries (21 percent)
Thermal burns: Other leading types of injury included thermal burns (7 percent)
Cuts and lacerations: Other leading types of injury included cuts or lacerations (5 percent)
Exhaustion or fatigue: Other leading types of injury included exhaustion or fatigue (5 percent)

These injuries can be caused by various factors, including:

Exposure to fire and explosions
Carrying heavy equipment
Working on slippery or uneven surfaces
Contact with hazardous materials
Falls from heights
Vehicle accidents

Proving Negligence: Elements of a Firefighter Injury Claim

To successfully sue a homeowner for on-the-job injuries, a firefighter must prove that the homeowner was negligent. This typically involves establishing the following elements:

Duty of care: The homeowner owed a duty of care to the firefighter. This means they had a legal obligation to act reasonably to prevent harm to others on their property.
Breach of duty: The homeowner breached their duty of care. This means they failed to act reasonably under the circumstances.
Causation: The homeowner’s breach of duty directly caused the firefighter’s injuries. There must be a direct link between the homeowner’s negligence and the firefighter’s harm.
Damages: The firefighter suffered damages as a result of their injuries. These damages can include medical expenses, lost wages, pain and suffering, and other losses.

The Importance of Legal Counsel

Given the complexities of the Firefighter’s Rule and the nuances of negligence law, it is crucial for injured firefighters to seek legal counsel from an experienced personal injury attorney. An attorney can help firefighters understand their rights, investigate the circumstances of their injuries, gather evidence to support their claims, and negotiate with insurance companies or represent them in court.

Conclusion

While the Firefighter’s Rule may present an initial hurdle, it is not an insurmountable barrier to recovery for injured firefighters. With the numerous exceptions to the rule and the evolving legal landscape, firefighters may have grounds to sue homeowners for on-the-job injuries caused by negligence. By understanding their rights and seeking legal counsel, firefighters can pursue the compensation they deserve for their sacrifices and injuries.