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The Aftermath Of Ruiz V. Mero: Why The New Jersey Legislature Must Rekindle The Firefighters’ Rule, Nicholas Mangold

Nicholas Mangold

This Note explores the history, common law expansion, and statutory abrogation of the firefighters’ rule in New Jersey tort law. For decades, the rule protected Garden State homeowners from civil liability for injuries to first responders. In its original form, the rule barred tort claims based only on the very negligence that necessitated the first responders’ presence on scene. However, the courts slowly expanded the reach of the rule until it eventually was used to bar recovery for injuries caused by acts of negligence completely separate from that which prompted the emergency response. In response, the state legislature sweepingly abrogated …