Tort law - Rescuers and Occupational Stress

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lawpeanut
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Fred, a fireman employed by Loamshire Fire Service, was the first person to reach the car and to free Charley and Dorothy. As a result of the need to pay off debts he had been working intense periods of overtime for six months prior to the Skyler ride incident. He has rarely seen such life-changing injuries as those suffered by Charley and Dorothy and he is now suffering a recurrence of depression and unable to work. Advise Fred of any claim he may have against Trumpton or Loamshire Fire Service?
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Mimir
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What do you think? Don't just post a question on a new account then leave.
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lawpeanut
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i had a few queries and just wondered whether anyone could help. There isnt much about rescuers and the protections against employees and employers in my textbook. I thought he may be able to claim again trumpton, do you think thats true.
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Mimir
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Trumpton wouldn't be in the scenario if you didn't have to discuss a potential claim, or reason for no claim.

Please read the sticky for this section.
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lawpeanut
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Trumpton is a theme park which has just experienced a crash, sorry for leaving that out.
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Mimir
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(Original post by lawpeanut)
Trumpton is a theme park which has just experienced a crash, sorry for leaving that out.
Starter for ten: Vicarious liability.
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Man1091988
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Nonsense. Vicarious liability is applicable when a person abets another to an act, ratifies the act or by special relationship, like in this case between a master and a servant, if the servant does an act on his behalf, the master will be held liable for any negligence arising out of the act if the act was done intra-vires. He cannot make any claim, the rescue doctrine doesn't apply to fireman. "The Rescue Doctrine concept typically involves a voluntary act by a rescuer who acts spontaneously in the heat of the moment in an emergency situation, with a humane motive and without any legal duty to act, in order to prevent serious injury and loss of life. Nastasio v. Cinnamon, 295 S.W.2d 117 (Mo. 1956)" Also, "The Firefighter’s Rule provides that a firefighter brought in contact with an emergency situation solely by reason of his status as a firefighter who is injured while performing his or her firefighter’s duties may not recover against the person whose ordinary negligence created the emergency. A fireman generally assumes all risks incident to his firefighting activities except for hidden risks which are known by the landowner."
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Man1091988
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I also suggest to read on the "Crumbling skull theory"
Charley and Dorothy can obviously claim for compensation if negligence is proved on owner's part, test of foreseeability would be applied to see the causa causans, if the cause is too remote, ie. causa sine qua non, the defendant cannot be held liable, for a man is presumed to intend the ordinary consequences of his actions not fantastic possibilities. Refer "Wagon mound case" also "Re polemis" (The defendant was held liable. Here, the "Direct consequences test" was applied.)
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