Burning QuestionFiremen's RuleNegligence

New Mexico Firefighters Sue Gas Company for Massive Explosion

Todays burning question: Can firefighters who are injured in a gas explosion sue the gas company, or is suit barred by the Fireman’s Rule?

Firefighters who responded to a massive gas pipeline explosion near Carlsbad, NM, in 2000 have been cleared by the New Mexico Supreme Court to proceed to trial against the gas company who is alleged to have improperly maintained the pipeline. The case was originally decided against the firefighters based upon the Firemen’s Rule (see Legal Considerations or Fire Officer’s Legal Handbook, Chapter 8).  However, the New Mexico Supreme Court ruled that the suit could proceed. Click here for more details.

Curt Varone

Curt Varone has over 50 years of fire service experience and 40 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. Besides his law degree, he has a MS in Forensic Psychology. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.

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One Comment

  1. Today we lost a Brother Firefighter when a trash bin outside the Bremmer Manufacturing foundry in St Anna WI exploded, killing Brother Steven and injuring at least nine others. I have no doubt that fingers are already pointing toward training, staffing and if any liability rests with the manufacturing company.

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