Can a police officer recover damages from a tortfeasor for injuries sustained while on duty?

California, United States of America


The following excerpt is from Aetna Casualty & Surety Co. v. Board of Administration, 153 Cal.Rptr. 62, 89 Cal.App.3d 766 (Cal. App. 1979):

1 The recent case of Walters v. Sloan (1977) 20 Cal.3d 199, 142 Cal.Rptr. 152, 571 P.2d 609, extended the fireman's rule to policemen and held that where a police officer is engaged in the risks of his job, he cannot, in a civil action, recover damages from the tortfeasor for injuries which were incident to the job.

2 Cole, cross-complainant and respondent, did not file a respondent's reply brief.

3 Government Code section 21451 provides:

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