Berko v. Freda

The opinion of the Court was delivered by

CLIFFORD, J.

In Krauth v. Geller, 31 N.J. 270 (1960), this Court adopted the so-called “fireman’s rule,” applicable in tort cases. That rule holds that because it is a firefighter's business to deal with the *83usual hazards involved in fighting fires, a firefighter “cannot complain of negligence in the creation of the very occasion for his engagement.” Krauth, supra, 31 N.J. at 273-74. The effect of the rule is to insulate one whose negligence causes a fire from liability for injuries sustained by a firefighter while extinguishing the blaze.

The specific…