HCS HB 374 -- FIREFIGHTER'S RULE

SPONSOR:  Byrd

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
by a vote of 18 to 0.

This substitute changes the "firefighter's rule" by allowing
firefighters, police officers, or emergency medical personnel who
are injured in the line of duty to recover damages from the
person whose reckless, malicious, or willful act or omission
caused the injury.  The firefighter's rule provides that a
firefighter brought in contact with an emergency situation who is
injured in the line of duty may not recover against the person
whose ordinary negligence created the emergency.  See Gray v.
Russell, 853 S.W.2d 928, 930 (Mo. banc 1993).

FISCAL NOTE:  Not available at time of printing.

PROPONENTS:  Supporters say that current law is unfair to
emergency responders because others can file legal actions
against landowners, but the rule limits the responders' ability
to file those actions when they are injured in the line of duty.
Also, taxpayers must absorb the costs of these injuries when the
liable person should be responsible for the costs.

Testifying for the bill were Representative Bishop; Kansas City
Fire Department; Missouri State Council of Firefighters;
International Association of Firefighters, Local 42; and Missouri
AFL-CIO.

OPPONENTS:  There was no opposition voiced to the committee.

Julie Jinkens McNitt, Legislative Analyst

Missouri House of Representatives
Last Updated July 25, 2003 at 10:11 am