Last week, the Texas Supreme Court, in the case of Seward v. Santander, adopted the “public-safety officer’s rule.” This rule prevents police officers, firefighters, and potentially some other governmental employees from pursuing certain negligence claims for personal injuries sustained while responding to an emergency. Unfortunately, this new rule will prevent some injured first responders from fully recovering in some instances.
The Court phrased the Texas version of what is often known as the “Fireman’s Rule” as:
“An actor who innocently or negligently creates a peril that occasions the presence of a public-safety officer owes no duty to that officer when the officer is injured by the very same peril that occasioned the officer’s presence, and the officer is injured while (1) on duty, (2) acting within the scope of employment, and (3) engaged in the performance of emergency activities.”
The Texas Supreme Court’s Reasoning
Among the reasons provided by the Court for adopting the rule was the argument that adopting the rule would remove “‘the specter of invidious discrimination’ that an officer may be ‘more willing to risk injury when prospects for a tort recovery are promising[.]’” While various versions of this rule have been adopted by the majority of states, it is somewhat surprising to see the Texas Supreme Court bar certain first responders from pursuing tort claims for their own personal injuries.
The case also contains an extensive discussion of when a police officer hired to perform private security is and is not acting in his official capacity, a key issue in determining whether the officer’s private employer can be liable for the officer’s wrongful acts.
Final Thoughts
For some injured first responders, this recent opinion totally bars them from pursuing personal injury claims in some, very specific circumstances. While an unfortunate development for the police officers and firefighters that serve the citizens of the State of Texas, it does not prevent lawsuits by injured first responders in most instances.
If you are a police officer, firefighter, or emergency medical technician who has been hurt because of someone else’s negligence, the experienced personal injury attorneys of Turner-Monahan, PLLC, can assist you in seeking the compensation you deserve. Because there are strict time limits within which a claim for personal injuries must be made, schedule a free, no-obligation consultation with attorneys Tyler Monahan or Matthew McLain to discuss your claim and explore your options. Let us help you achieve the justice and compensation you deserve.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal or tax advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written agreement.
