Rewriting the "Fireman's Rule"
Can firefighters sue for damages when they see horrible things in the line of duty?
Especially since "9-11," we have come to appreciate what our emergency responders mean to us. Police, firefighters, EMTs and others put their lives and health on the line for us. And many of them are grossly underpaid for their service to society.
Like soldiers who return from the horrors of war, emergency responders sometimes have seen things that are horrible—too horrible to get out of their minds. Psychologists call this "Post Traumatic Stress Syndrome" (PTSD).
Up until now, emergency responders in New Mexico have had no legal recourse against those who cause this emotional trauma. It has always been considered to be an inherent risk, a part of the job. It even has a name—"The Fireman's Rule."
But in June of this year, the New Mexico Court of Appeals decided firefighters may possibly recover damages against those who cause them PTSD, although only under very narrow circumstances.
Back in 2000, a terrible incident killed 12 people near Carlsbad, when an old and corroded gas pipeline exploded in a giant fireball. A family who had been camping nearby was basically incinerated. The firefighters who responded to the fire saw a horrible scene—terribly charred and burned human bodies, including those of little children.
A 50-year-old natural-gas pipeline owned by El Paso Natural Gas Co. had ruptured where it crossed the Pecos River. The firefighters claimed the explosion and fire were caused by the misconduct of El Paso Natural Gas.
The Court of Appeals decided the firefighters could recover their damages against El Paso Natural Gas if the firefighters can prove the company intentionally harmed them. The Court of Appeals dismissed the firefighters' separate claim that the company had negligently inflicted emotional distress.
One may wonder how the firefighters are going to prove El Paso Natural Gas intentionally harmed them, but they now have the right to a trial to see if they can prove intent.
The lead attorney for the firefighters, W.T. (Tom) Martin, Jr., was quoted in the Albuquerque Journal: "It is a very significant step forward in protecting the people who respond to emergencies, whether they be firefighters or police officers."
Be aware, however, that the New Mexico Supreme Court may overturn the Court of Appeals' decision. The Court of Appeals decision is No. 24,821, filed June 29, 2006, Baldonado, et al. vs. El Paso Natural Gas Company.
Robert (Tito) Meyer practices law in Las Cruces, representing people who have been injured in accidents and the families of people who have been killed in accidents. Contact him at tito@zianet.com, (505) 524-4540,
(800) 610-0555, or PO Box 1628, Las Cruces, NM 88004. This column is not intended to provide legal advice to any specific person, or with respect to any particular problems or situations. To find a lawyer, call the State Bar of New Mexico referral service, (800) 876-6227.