HB 1493 -- FIREFIGHTER'S RULE

CO-SPONSORS:  May (108), Foley, Monaco, O'Toole

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
by a vote of 13 to 4.

This bill 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 negligent conduct caused the injury if that conduct
was a violation of a statute or local ordinance.  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:  No impact on state funds.

PROPONENTS:  Supporters say that current law is unfair to
emergency responders because others can file legal actions
against negligent 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 negligent person should be responsible
for the costs.

Testifying for the bill were Representative May (108); and
Missouri State Council of Firefighters.

OPPONENTS:  Those who oppose the bill say that the new cause of
action would unfairly burden homeowners who may not know what is
actionable.  It is also unfair to give emergency responders
additional means to recover money when they can recover for
injuries through their employers.

Testifying against the bill was the Missouri Merchants and
Manufacturers Association.

Katharine Barondeau, Legislative Analyst

HB 1493 -- Firefighter's Rule

Co-Sponsors:  May (108), Foley, Monaco, O'Toole

This bill 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 negligent or intentional conduct 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).