THE AFTERMATH OF RUIZ V. MERO: WHY THE NEW JERSEY LEGISLATURE MUST REKINDLE THE FIREFIGHTERS’ RULEExpressO (2010)
AbstractThis Note explores the history, common law expansion, and statutory abrogation of the firefighters’ rule in New Jersey tort law. For decades, the rule protected Garden State homeowners from civil liability for injuries to first responders. In its original form, the rule barred tort claims based only on the very negligence that necessitated the first responders’ presence on scene. However, the courts slowly expanded the reach of the rule until it eventually was used to bar recovery for injuries caused by acts of negligence completely separate from that which prompted the emergency response. In response, the state legislature sweepingly abrogated all forms of the rule. This Note urges the legislature to restore the firefighters’ rule to its original form and provides both traditional and nontraditional justification for such action. Having been a New Jersey firefighter for over ten years, the author offers a unique and insightful point of view on this timely issue.
- tort law,
- tort reform,
- firefighters' rule
Publication DateFebruary 10, 2010
Citation InformationNicholas Mangold. "THE AFTERMATH OF RUIZ V. MERO: WHY THE NEW JERSEY LEGISLATURE MUST REKINDLE THE FIREFIGHTERS’ RULE" ExpressO (2010)
Available at: http://works.bepress.com/nicholas_mangold/1/