By Rick Hepp
Copyright 2007 Newark Morning Ledger Co.
All Rights Reserved
NEWARK, N.J. — Police officers, firefighters and other first responders who are injured while answering an emergency call may sue the property owner if they failed to properly care for the home or business, the state Supreme Court ruled today.
The decision puts an end to the “fireman’s rule” in New Jersey - a legal doctrine established in 1960 that prevented police and firefighters from suing if they are hurt in the line of duty.
State lawmakers had attempted to abolish the rule in 1994 by passing legislation to allow injured emergency workers to sue, but courts interpreted the statute differently over the years.
The Supreme Court’s ruling puts an end to that controversy, as well as the rule itself, and means Dover patrolman Harry Ruiz can proceed with his lawsuit against the owner of the bar where he was injured.
Ruiz was one of two police officers who tried to break up a fight at the Baker Ballroom where some 200 fans had gathered to watch a 2001 World Cup and have some drinks.
During the melee, Ruiz was struck in the head and knocked unconscious. He sued complaining the owners of the bar and building were negligent because the failed to provide adequate security.
A trial court judge dismissed the lawsuit because of the firefighter’s rule, but an appeals court reinstated it based on the Legislature’s actions.
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