 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Tull v. WTF8/30/2005
g that rose to the level of wilful, wanton, or intentional misconduct, or when the alleged wrongdoing occurred after the safety officer had been called to the scene and was independent of the reason that he was called to the scene. See Harris-Fields v Syze, 461 Mich 188, 191-192; 600 NW2d 611 (1999). Under the common-law firefighters' rule, actions by a safety officer under the dramshop act were precluded unless one of the common-law exceptions applied. See McCaw v T & L Operations (On Second Remand), 242 Mich App 336, 340-341; 619 NW2d 420 (2000).
The Legislature abolished the common-law firefighters' rule, however, when it enacted 1998 PA 389. The statute replaced the common-law rule with a statutory scheme that generally incorporated the common-law exceptions, but expanded the circumstances under which a safety officer could recover for damages sustained while on duty beyond the narrow, common-law rule. See MCL 600.2965 -- MCL 600.2967. MCL 600.2967 provides, in pertinent part:
(1) Except as provided in section 2966, a firefighter or police officer who seeks to recover damages for injury or death arising from the normal, inherent, and foreseeable risks of his or her profession while acting in his or her official capacity must prove that 1 or more of the following circumstances are present:
(a) An injury or resulting death that is a basis for the cause of action was caused by a person's conduct and that conduct is 1 or more of the following:
(i) Grossly negligent.
(ii) Wanton.
(iii) Willful.
(iv) Intentional.
(v) Conduct that results in a conviction, guilty plea, or plea of no contest to a crime under state or federal law, or a local criminal ordinance that substantially corresponds to a crime under state law.
(c) An injury or resulting death that is a basis for the cause of action was caused by a person's ordinary negligence and all of the following are true:
(i) The negligent person is not someone whose act or omission resulted in the firefighter's or police officer's presence at the place where the injury occurred; or the person is someone whose act or omission resulted in the firefighter's or police officer's presence at the place where the injury occurred and the action is based on an act by that person that occurred after the firefighter or police officer arrived at the place where the injury occurred.
(ii) The negligent person is not someone from whom the firefighter or police officer had sought or obtained assistance or is not an owner or tenant of the property from where the firefighter or police officer sought or obtained assistance.
(iii) The negligent person is not someone who is an owner or tenant of the property that the firefighter or police officer was on in his or her official capacity; or the person is someone who is an owner or tenant of the property that the firefighter or police officer was on in his or her official capacity and the action is based on an act by that person that occurred after the firefighter or police officer arrived at the place where the injury occurred.
(iv) The firefighter or police officer was engaged in 1 or more of the following:
(A) Operating, or riding in or on, a motor vehicle that is being operated in conformity with the laws applicable to the general public.
(B) An act involving the legally required or authorized duties of the profession that did not substantially increase the likelihood of the resulting death or injury. The court shall not consider the firefighter or police officer to have been engaged in an act that substantially increased the likelihoo
Page 1 2 3 4 5 6 Michigan Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|