1. In addition to any other right of action or recovery otherwise available under law, whenever any law enforcement officer, firefighter, or member of a duly incorporated first aid, emergency, ambulance or rescue squad association suffers any injury, disease or death while in the lawful discharge of his official duties and that injury, disease or death is directly or indirectly the result of the neglect, willful omission, or willful or culpable conduct of any person or entity, other than that law enforcement officer, firefighter or first aid, emergency, ambulance or rescue squad member's employer or co-employee, the law enforcement officer, firefighter, or first aid, emergency, ambulance or rescue squad member suffering that injury or disease, or, in the case of death, a representative of that law enforcement officer, firefighter or first aid, emergency, ambulance or rescue squad member's estate, may seek recovery and damages from the person or entity whose neglect, willful omission, or willful or culpable conduct resulted in that injury, disease or death.
Notes of Decisions
Cited in
13
cases (
1 in the last 5 years), 1997–2022 · leading case:
Juhl v. Airington, 936 S.W.2d 640 (Tex. 1997).
Juhl v. Airington, 936 S.W.2d 640 (Tex. 1997).
· cites it 2× “It had no newsletter, no charter, no membership, no formal organization, and no regular meetings.”
Cole v. Hubanks, 2004 WI 74 (Wis. 2004).
· cites it 2× “2002) (finding the rule "riddled with exceptions," often criticized, and not part of that state's common law); N.J. Stat. Ann. § 2A:62A-21 (West 2003) (effective 1994, granting right of recovery even for negligent conduct); Va.”
Roma v. United States, 344 F.3d 352 (3rd Cir. 2003).
· cites it 3× “We agree with Roma that Kelly’s holding is inconsistent with the plain langüage of section 2A:62A-21, which certainly appears to have abolished the fireman’s rule in its entirety and; therefore, cannot be used as an accurate predictor of how the Supreme Court of New Jersey would…”
Sepega v. DeLaura Concurrence, 167 A.3d 916 (Conn. 2017).
“182 (1) (West 2014); N.J. Stat. Ann. § 2A:62A-21 (West 2014). While New Jersey and Florida courts may have decided that the public policy was in favor of the firefighter's rule, it is the proper role of the legislature to make those determinations, and the legislative bodies in…”
Camden Cnty. Bd. of Chosen Freeholders v. Beretta U.S.A. Corp., 123 F. Supp. 2d 245 (D.N.J. 2000).
· cites it 2× “See N.J.S.A. 2A:62A-21. Meanwhile, other states have recognized a common law rule that public expenditures made in the performance of governmental functions are not recoverable absent legislative authorization, see, e.”
Minnich v. Med Waste, Inc., 564 S.E.2d 98 (S.C. 2002).
“See N.J. Stat. Ann. § 2A:62A-21 (West 2001) (whenever any law enforcement officer or firefighter suffers injury while in the discharge of his official duties and that injury is the result of the neglect, willful omission, or willful or culpable conduct of any person or entity,…”
Moody v. Delta W., Inc., 38 P.3d 1139 (Alaska 2002).
“2d 129, 132-33 (1960) (abolished by N.J. Stat. Ann. § 2A:62A-21); Moreno v. Marrs, 102 N.”
White v. State, 19 A.3d 369 (Md. 2011).
“New Jersey’s legislature abrogated the rule in 1993, N.J. Stat. § 2A:62A-21 (2011), as did the Florida and Minnesota legislatures in 1990, see Fla Stat.”
Apodaca v. Willmore (Kan. 2017).
“"; "public safety officer" defined to include firefighter); N.J. Stat. Ann. § 2A:62A-21 ("whenever any law enforcement officer, firefighter, or member of a duly incorporated first aid, emergency, ambulance or rescue squad association suffers any injury, disease or death while in…”
Sepega v. DeLaura (Conn. 2017).
“182 (1) (West 2014); N.J. Stat. Ann. § 2A:62A-21 (West 2014). While New Jersey and Florida courts may have decided that the public policy was in favor of the firefighter’s rule, it is the proper role of the legislature to make those determinations, and the legislative bodies in…”
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