CONCORD — Five Republican lawmakers have the support of the state firefighters' union in an effort to rewrite the so-called Fireman's Rule so homeowners could no longer be sued by emergency responders injured on icy driveways or faulty stairs while answering emergency calls.

CONCORD — Five Republican lawmakers have the support of the state firefighters' union in an effort to rewrite the so-called Fireman's Rule so homeowners could no longer be sued by emergency responders injured on icy driveways or faulty stairs while answering emergency calls.



Christopher Grant, a Portsmouth attorney who won a N.H. Supreme Court case which now allows responders to sue for injuries suffered at emergency scenes — not related to the emergency but caused by neglect — says the proposed law change strips public workers of their rights to file claims.



The proposed law change is being brought through House Bill 123 by state representatives Lawrence Kappler, Peter Hansen, Alfred Baldasaro and Joseph Pitre, with Sen. David Boutin. If passed, the bill would become law on Jan. 1, 2014.



Dave Lang said members of the state's firefighters' union were briefed by a union attorney about the proposed law change before voting unanimously to support it. Lang, a retired Hampton firefighter, testified in support of the pending bill before the House Judiciary Committee on Jan. 9 and there's a work session scheduled for Jan. 23.



“We do not want homeowners to wait and take a second thought before calling in an emergency because they haven't shoveled a driveway or fixed a broken stair,” Lang said.



Most firefighters, police officers and emergency medical technicians are compensated for time off due to job-related injuries through workers compensation and at a rate of 60 percent of their average income, Lang explained. The rest, he said, is paid by the cities and towns that employ them.



“As employees, we gave up our right to sue our employer in exchange for worker's comp,” he said. “Our firefighters and paramedics want to be there and we don't want the public to second guess us.”



Grant, of the Boynton Waldron law firm, said the Supreme Court decision he won in February 2012 gives firefighters and other emergency responders the same legal right to sue as everyone else. If a FedEx driver is injured on an icy driveway, the driver can collect workers compensation and sue the property owner, said Grant.



Police officers, firefighters and EMTs should have the same right, he said.



Grant won the Firemen's Rule case at the Supreme Court on behalf of Epping volunteer firefighter Jason Antosz, who was injured on Jan. 29, 2008 after falling on an icy driveway while answering a call for a fire in a residential water heater. Antosz sued the homeowner in Rockingham County Superior Court, claiming the homeowner was negligent by not removing the snow and ice from the driveway, causing his injury.



Superior Court Judge Kenneth McHugh ruled that the Fireman's Rule applied and that “confronting an ice and snow covered driveway at the scene of a fire was incidental to and inherent in Mr. Antosz's performance of normal duties,” so he could not sue the homeowner. The Supreme Court disagreed and its decision means, for example, that a firefighter injured by falling into a hole in a yard, while answering a fire call, can now sue the property owner.



“People should not be put in a position in a time of need to decide if they should call for help or worry about litigation,” Lang said. “We don't want people to ask, 'Is my house up to par?' during an emergency.”



Grant counters that the Fireman's Rule doesn't apply to injuries directly related to fires, medical emergencies and police calls, and that homeowners' insurance policies cover the rest.



The bill, as currently written, still includes language saying emergency responders could sue for “other negligent conduct, or for reckless, wanton, or willful acts of misconduct.” Lang reminded that the bill is still in committee and subject to change as it goes through the House and Senate and perhaps the governor's desk.