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Pinter v. American Family Mutual Ins. Co.6/30/2000
ass, the Wisconsin Legislature has done nothing to modify or abolish the public policy limitation established in Hass.
. We are convinced that the public policy analysis in Hass remains sound. It is still true that nearly all fires are caused by negligence. See Hass, 48 Wis. 2d at 327. It is therefore still true that permitting firefighters to pursue negligence actions based on the negligent act of starting a fire would place an unreasonable burden on the owners and occupiers of premises and would enter a field with no sensible or just stopping point. See id.
. Fundamentally, the rule recognized in Hass is an expression of public policy because it prohibits a firefighter from "'complaining about the negligence that creates the very need for his or her employment.'" Hauboldt, 160 Wis. 2d at 676 (quoting Mignone v. Fieldcrest Mills, 556 A.2d 35, 39 (R.I. 1989)). As stated by the Supreme Court of Hawaii:
The very purpose of the fire fighting profession is to confront danger. Fire fighters are hired, trained, and compensated to deal with dangerous situations that are often caused by negligent conduct or acts. " t offends public policy to say that a citizen invites private liability merely because he happens to create a need for those public services."
Thomas, 811 P.2d at 825. Permitting firefighters to pursue actions like the one in Hass is therefore not consistent with the relationship of the fire fighting profession to the public. See id. It would contravene public policy to permit a firefighter to recover damages from an individual who has already been taxed to provide compensation to injured firefighters. Hauboldt, 160 Wis. 2d at 677 (citing Mignone, 556 A.2d at 39).
. In sum, we reaffirm the public policy reasoning set forth in Hass. The limitation stated in Hass has been the law of Wisconsin for thirty years, and it is still good law.
. The remaining question is whether the public policy reasoning in Hass logically extends to Pinter's cause of action. Pinter argues that Hass's reasoning does not logically extend to his case because of two differences between his case and Hass: (1) Pinter is an EMT rather than a firefighter, and (2) Pinter's cause of action is based on negligent driving rather than the negligent starting of a fire.
. First, Pinter and the amicus curiae both contend that EMTs are readily distinguishable from firefighters, and that the public policy considerations that bar firefighters from recovery should not bar EMTs from recovery under analogous circumstances. They point to other jurisdictions that have declined to extend the "firefighter's rule" to emergency medical personnel like EMTs. These courts have reasoned that unlike firefighters, who are specially employed and trained to confront danger, emergency medical personnel are not specially trained or employed to deal with dangerous situations. See Kowalski v. Gratopp, 442 N.W.2d 682, 684 (Mich. Ct. App. 1989)(paramedic) ("The paramedic's occupation is one which may peripherally involve hazards, but they are not employed, trained, or paid specifically to confront those hazards."); Krause v. U.S. Truck Co., 787 S.W.2d 708, 713 (Mo. 1990)(ambulance attendant) (" ociety does not expect ambulance attendants to throw themselves in harm's way."); Lees v. Lobosco, 625 A.2d 573, 576 (N.J. Super. Ct. App. Div. 1993)(EMT) (quoting Krause and citing Kowalski).
. This reasoning does not persuade us that the public policy limitation in Hass should not extend to Pinter's claim. Firefighting and emergency medical assistance are closely related professions; like Pinter, some EMTs also serve as firefighters. Members of both professions have special trai
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