Alessio v. Fire & Ice, Inc

In Alessio v. Fire & Ice, Inc., 197 N.J. Super. 22, 484 A.2d 24 (N.J. Super. Ct. App. Div. 1984), an off-duty police officer patronizing a tavern was asked by a tavern employee, who knew he was a police officer, to assist in quelling a disturbance. Id. at 25-26. The officer was injured and sued the tavern for negligence in not properly supervising the premises and serving alcohol to intoxicated patrons. Id. at 26. In deciding whether the fireman's rule barred suit, the court determined that it was necessary to find whether the officer subjected himself to risks beyond what he would face in similar on-duty situations. If so, he was acting not as a police officer but as a volunteer, but on remand it would be the burden of the police officer to demonstrate this. Id. at 30. The Alessio court did not specifically inquire whether any applicable department regulations required the officer to respond to the request for assistance, merely noting from other cases that such regulations may "suggest" that an officer is always on-duty. Id. at 29.