NCJ Number
132196
Journal
Prosecutor Volume: 24 Issue: 4 Dated: (Spring 1991) Pages: 5-8
Date Published
1991
Length
4 pages
Annotation
Law enforcement officers are entitled to sue either in original actions or counterclaims on grounds that would be available to other plaintiffs for injuries arising from the performance of law enforcement duties.
Abstract
A review of case law reveals a general trend toward facilitating suits and countersuits on the part of law enforcement officers injured during the performance of their duties. The major obstacle to recovery is unique to law enforcement, namely, the Fireman's Rule, which precludes a firefighter or police officer from recovering in a lawsuit for injuries caused by negligent conduct that creates the very occasion or reason for the presence of the firefighter or police officer. In 1990, the trend is for the courts to continue to turn away from the Fireman's Rule as exemplified by the Colorado Court of Appeals decision in Banyai v. Arruda, 1990.