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Espinoza v. Schulenburg: Arizona Adopts the Rescue Doctrine and Firefighter's Rule

Abstract

The rescue doctrine permits an injured rescuer to recover damages from the individual whose tortious conduct necessitated the rescue. The firefighter's rule limits the rescue doctrine by preventing a public safety officer who could otherwise bring suit under the rescue doctrine from recovering if the officer sustained her injuries while acting in the capacity of a professional. In Espinoza v. Schulenburg, the Arizona Supreme Court addressed for the first time these two doctrines, and whether they apply to a situation in which an off-duty firefighter receives injuries while providing emergency aid. In a unanimous decision, the court adopted both the rescue doctrine and a narrow construction of the firefighter's rule, which only applies to firefighters at a rescue scene as a result of their on-duty obligations as firefighters.

How to Cite

49 Ariz. L. Rev. 171 (2007)

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Authors

Kiel Berry

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