The Firefighter's Rule

The "Firefighter's Rule" -- a sub-species of the assumption of the risk doctrine that sometimes prohibits public safety officers from recovering in tort for injuries sustained in the line of duty -- is a pet issue for me, as one of the biggest cases I ever worked on turned on its application. Recently in Coos Bay, Oregon, three firefighters died tragically when a fire in an auto parts store ballooned unexpectedly, causing the roof to collapse. The unexpected ballooning was allegedly caused by wood in the structure that had become unnaturally dry and flammable due to years of exposure to an incinerator used to burn waste grease from the store's machine shop. This tragic accident is recounted here. I'd be willing to wager that a published opinion on "The Rule" will eventually emerge from this mess. My condolences to the firefighters' families and colleagues.