NCJ Number
113780
Journal
University of Bridgeport Law Review Volume: 9 Issue: 1 Dated: (1988) Pages: 143-173
Date Published
1988
Length
31 pages
Annotation
This note examines the use of the fireman's rule, initially developed to protect firefighters against negligence claims from property owners, as a means to limit tort recovery by police in Connecticut.
Abstract
The use of the rule has been justified on various grounds: the classification of firefighters as licensees, the public safety officer's assumption of risk, and a public policy that denotes workers' compensation as the best way to pay for injuries to public safety officers. In two recent cases, Bates v. McKeon and Peters v. Carra, police officers who were assaulted by an arrestee were allowed to sue the arrestee for damages. Under current practice, police officers will continue to be classified as licensees in Connecticut. While the decision in Bates does not set binding precedent, it is important as the first to discuss fully the tort rights of police. The decision in Peters arguably has implicitly ratified the Bates decision. At the very least, the State and its municipalities should pursue recovery actions against individuals who assault police. Such a practice would result in direct savings of workers' compensation costs and affirm the public's subrogation rights. While there may be potential for police to abuse this process, the costs of intentional injuries to police should be assessed against the party who inflicted them. 159 footnotes.