A recent case in the state of Rhode Island dealt with the issue of when “the firefighter’s rule” applies. The plaintiff was a firefighter who filed a negligence action against a hospital and a security company. They, in turn, filed a motion for summary judgment claiming that the suit was barred by the firefighter’s rule. The Superior Court agreed with the defendants and granted the defendants’ motion for summary judgment. The firefighter appealed.
The facts of the case indicated that the firefighter delivered the patient to the defendant hospital and subsequently that he assisted a nurse and security guards in attempting to subdue an unruly patient. The patient injured him so badly that he could no longer perform his job duties. The firefighter alleged that defendants were negligent when they failed to restrain the patient and that failure caused the injuries.