Can firefighters sue for injuries when responding to an incident in Nevada?
Usually not. The firefighter's rule bars most on-duty injury claims, but NRS 41.139 lets a firefighter sue when someone else's lack of ordinary care also violated a safety regulation.
Understanding the Firefighter’s Rule in Nevada
The firefighter’s rule is a legal principle that generally prevents first responders from suing for injuries sustained while performing their duties. The rationale is that firefighters and other emergency personnel are specifically employed to respond to dangerous situations. However, Nevada law provides important exceptions to this rule.
Nevada Revised Statutes section 41.139 states that a firefighter may bring an action for damages if their personal injury was caused by another person’s lack of ordinary care and if the conduct violated a regulation. This creates potential pathways for injured first responders to seek compensation.
When Can Firefighters File Personal Injury Claims?
The application of exceptions to the firefighter’s rule can be complex. For example, if a maintenance worker at a manufacturing facility negligently left hazardous materials in violation of safety regulations, and this directly caused your injury while responding, you may have grounds for a claim.
However, the Nevada Supreme Court has narrowed the interpretation of these exceptions. In Moody v. Manny’s Auto Repair (110 Nev. 320, 325-26), the court clarified that NRS 41.139(1) only applies “where the injury was caused by the event giving rise to the public servant’s presence.”
What an injured first responder can claim
We have handled first responder injury cases in Nevada before. On one of these claims we:
- Evaluate whether your case qualifies for an exception to the firefighter’s rule
- Identify potential violations of regulations that may support your claim
- Handle all communications with insurance companies
- Build a strong case based on Nevada law and court precedents
- Represent your interests throughout the legal process
General information about Nevada law, current as of publication. It is not legal advice for your situation, and deadlines and exceptions turn on the facts of a specific matter.
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