Posted On: July 30, 2009
INDIANA FIREMAN’S RULE PRECLUDES POLICE OFFICER’S NEGLIGENCE CLAIMS
In Babes Showclub v. Lair, plaintiff, an Indianapolis police officer, responded to a complaint at a show club and was assaulted by an intoxicated underage male. The officer filed a complaint against the club, alleging negligence and a violation of Indiana’s Dram Shop Laws. After a thorough analysis of Indiana case law, the Court held that all of the officer’s claims were precluded by the fireman’s rule, which provides that professionals, whose occupations expose them to particular risks, may not hold another negligent for creating the situation to which they respond in their professional capacity (quoting Koehm v. Deveraux, 495 N.E.2d 211 (Ind. App. 1986). Babes Showclub v. Lair, 901 N.E.2d 44 (Ind. App. 2009).
