Sanders v. Alger

A patient owes a duty a reasonable care to a caregiver with respect to conduct creating a risk of physical harm to the caregiver. Further, the firefighter’s rule does not bar caregivers’ recovery when responding to an emergency. Plaintiff contracted with the Arizona Department of Economic Security to provide in-home care to Defendant, who was developmentally disabled. Plaintiff sued Defendant for negligence, alleging that Defendant had negligently placed himself in jeopardy of falling, thereby requiring her to rescue him and be seriously injured in the process. The trial court granted summary judgment for Defendant based on the firefighter’s rule. The Supreme Court reversed, holding (1) a patient owes a duty of reasonable care to a caregiver allegedly injured by the patient’s actions, thereby making the patient potentially liable for negligence; and (2) the court declines to extend the firefighter’s rule to caregivers to prohibit their recovery when responding to an emergency. View "Sanders v. Alger" on Justia Law