文章基本信息

标题：The civil liability of occupants for injuries incurred by firefighters by comparative study of American law
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作者：Mahdiye Sadeghian ; Alireza Yazdanian ; Morteza Tabibi Jebelly 等
期刊名称：Majallah-i ḥuqūq-i taṭbīqī
印刷版ISSN：1735-496X
电子版ISSN：2423-3404
出版年度：2021
卷号：12
期号：1
页码：169-189
DOI：10.22059/JCL.2020.305581.634036
语种：English
摘要：Investigating the owners' civil liability to injuries of firefighters during rescue attempts has a long history in the United States. In this legal system, the firefighters generally are prohibited from recovering damages from owners and occupants who their negligence has caused a fire or other accidents. This rule commonly is called the fireman's rule. However, Because of lawyers’ criticisms of that rule, it has been rejected or exceptions has restricted it in some states. Unlike the United States, there have been no coherent studies in this area in Iranian law. Therefore, the analysis of the issue is possible only with the generalities of civil liability. The analysis of these generalities shows where the fireman’s injuries are the result of the owner's indirect loss (tasbib), the firefighter will not be entitled to damages for injuries related to the essential reason of his presence at the scene of the accident. But if the injuries are not related to accident required presence of him in the scene, he will be strictly liable of the damages, provided that the firefighter enters land with the permission of the owner. but if he enters land with the legal permission, his liability will be based on fault.
关键词：Civil liability;Fire;Firefighter;Fireman’s rule;Owners