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Update on the Public Safety Plaintiff

NCJ Number
117596
Journal
Prosecutor Volume: 22 Issue: 4 Dated: (Spring 1989) Pages: 5-7
Author(s)
J P Manak
Date Published
1989
Length
3 pages
Annotation
Public safety personnel such as prosecutors, firefighters, police, and emergency medical personnel are entitled to the same right to recover for wrongful injury as are other citizens and are increasingly becoming plaintiffs in lawsuits filed against individuals who assault them or otherwise put them in danger.
Abstract
In several cases offenders have been successfully sued for assault and battery or other acts. Another area in which public safety plaintiffs have been bringing a greater number of lawsuits in recent years is defamation related to statements or published articles which damage reputation and standing in the community. Recovery is sometimes difficult, however, if the plaintiff is held to be a public official or public figure. Counterclaims can also be made by public safety personnel, and this is a most effective tactic when non-meritorious claims are filed. The so-called 'fireman's rule' poses a barrier to recovery by public safety personnel in many states. This rule holds that public safety personnel cannot normally recover for negligence leading to injury to them when they are confronting the normal and foreseeable risks of their profession. Other bars to recovery may include workers' compensation exclusivity provisions, set-off, and subrogation of benefits.