Bill Would Modify Firefighter’s Rule in California

California State Senator Don Perata has introduced a bill (SB 448) that would modify the Firefighter�s Rule. It has been referred to the Judiciary Committee for a hearing.

The Firefighter�s Rule bars injured firefighters, police officers, EMTs, and lifeguards (and their families) from recovering for injuries caused by third parties. Currently, these employees are limited to worker compensation or death benefits with no recovery for pain or suffering or loss of companionship.

A factor in this legislative effort was the deaths of Firefighters Brett Laws and Bryan Golden in Stockton, California. They were killed while searching for an elderly occupant in a house fire. A dance floor added to the single-family home collapsed on them without warning. The floor had not been built to code and collapsed because of a lack of support.

Judy Booher, Laws� mother, contacted Peter A. Lynch, Esq., of Cozen and O�Connor in San Diego, California, after she read an article he had written for Fire Engineering pertaining to changing the Firefighter�s Rule.

The firefighters� families had brought suit against the third parties involved in this incident, but the court ruled that the Firefighter�s Rule was applicable, even though the danger was hidden and was not related to the firefighters� being called to the fire scene. Lynch agreed to handle the matter pro bono and to seek a legislative change to the rule.

Six states�Minnesota, Florida, New Jersey, Pennsylvania, Oregon, and Colorado�have abolished the rule by legislation or court decision.

Letters in support of modifying the Firefighter�s Rule in California, codified at Civil Code section 1714.9, may be sent to Honorable Don Perata, Member of the Senate, State Capitol, Sacramento, CA 95814, or facsimiled to (916) 327-1997. E-mails may be sent to senator.perata@sen.ca.gov. Lynch is asking that a blind copy of the letter be sent to him: Peter A Lynch, Esq.; Cozen and O�Connor; 501 West Broadway, Suite 1610; San Diego, CA 92101; fax number: (619) 234-7831; e-mail: palynch@cozen.com.

The California State Firefighter�s Association supports changing the rule. Its legislative advocate Pat Moran can be reached at 800-451-2732 or by e-mail at pkmoran@firedept.net.

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