Public officers such as firemen, police men, and emergency responders must frequently put themselves in a position of possible danger to do their job. While protecting the public, they may encounter dangerous conditions that they must address, and they may be injured in doing so. Under Georgia law, these public officers cannot sue other individuals for injuries they incur while dealing with obviously dangerous or negligent situations. For instance, a fireman cannot sue a homeowner if he is injured due to the homeowner’s negligence while fighting a fire. These are risks that are part of the job. Sometimes this situation arises in an Atlanta car accident case as well.
A recent case illustrates this point. T.K. was a police officer with the Baker County Sheriff’s office. He was called out to deal with a wreck that had occurred on the road. Earlier that day, an employee of Watson Used Cars (“Watson”) was mowing the lawn when he accidentally blew grass clippings out onto the road. Later, it started to rain, and while R.L. was driving down the wet road and over the clippings, his vehicle spun out of control and landed in a ditch. He called 911, and T.K. responded.
T.K. and another officer quickly drove to the scene. As they were approaching, they began to slow down. T.K. did not notice the clippings as he came up to the scene of the accident, and when he began to brake, his own vehicle slipped on the grass clippings and spun out of control, striking a tree. T.K. was severely injured and placed on disability leave. T.K. sued Watson for negligence, alleging that the grass clippings that were negligently blown onto the road caused his injuries.