The right of a fireman or policeman to recover from a negligent landowner for injuries suffered while the fireman or policeman is on the landowner's property in an official capacity is a question which has produced a variety of answers by the various courts. While surveys of the law in this area are available, it appears that a study of the rationale underlying the various arguments dealing with the matter iscalled for. Because of the basic similarity in the circumstances which justify the entrance of both policemen and firemen onto private property (namely, a danger to the public and to private persons and property), and because of the duty incumbent on both to answer that call, the general law surrounding the rights of both is similar, and in many respects identical. If any valid differentiation can be made, it would appear to lie in the fact that injuries to firemen often relate to the existence of the fire itself, which is the primary reason for the fireman's entrance onto the property in the first place. For that reason, this article concerns itself with the principal cases dealing with suits for injuries or death to firemen, and considers "policemen cases" only where they appear to be pertinent to the development of trends in the general field.


Real Property Torts (Symposium)