HCS HB 302 -- FIREFIGHTER'S RULE

SPONSOR:  May (108)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
by a vote of 15 to 3.

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.  In addition, the emergency responder may not recover
unless the negligent conduct is a violation of a state 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.  Also, taxpayers pay the burden
for these injuries when the negligent person should be
responsible for the costs.

Testifying for the bill were Representative May (108); Local 42
of the International Association of Firefighters; and Missouri
Association of Trial Attorneys.

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 for doing their job.

Testifying against the bill were Missouri Chamber of Commerce;
Missouri Merchants and Manufacturers; and Associated Industries
of Missouri.

Katharine Hickel Barondeau, Legislative Analyst

HB 302 -- Firefighter's Rule

Sponsor:  May (108)

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).