A bill that may expose local governments to increased liability is progressing through the Legislature.

Under current law, the professional rescue doctrine provides that when a professional rescuer is injured by a known hazard associated with a rescue activity, the rescuer may not recover damages from the party whose negligence caused the rescuer's presence at the scene. Where the negligent acts of multiple parties cause the public safety issue that necessitates the professional rescuer's presence, the doctrine bars recovery from each of the parties.

HB 1341, sponsored by Rep. Dan Bronoske (D–Lakewood), abolishes the professional rescue doctrine. The bill would allow a professional rescuer, or their estate in the event of a death, who suffered injury or disease while in the lawful discharge of his or her official duties, to seek recovery and damages from the person or entity whose neglect, willful omission, or willful or wanton conduct resulted directly or indirectly in the employee's injury, disease, or death.

The term "professional rescuer" includes law enforcement officers, firefighters, employees performing wildfire suppression, and emergency medical services personnel.

The bill states that a professional rescuer could not bring an action that is otherwise barred by any other statutory provision.

Additionally, the bill could allow city employees to bring cases against their employer if they were injured in the line of duty as a result of neglect from the city. This could include neglect due to unmaintained city-owned equipment or property.

AWC requests your feedback regarding the impact this bill may have on your liability exposure. Please contact Sharon Swanson or Jacob Ewing.

HB 1341 currently awaits a vote in the House Rules Committee.