Stapper

Melanie Stapper brings this appeal from the trial court’s grant of nonsuit on her claims against GMI Holdings, Inc., doing business as the Genie Company (Genie). The trial court concluded that “the Firefighter’s Rule bars plaintiff’s claims as a matter of law.” We reverse.

I. Factual and Procedural Background

At the trial court’s request and prior to selection of a jury, Stapper made an offer of proof as to the evidence that she would present to “overcome the firefighter’s rule.” Stapper offered to prove facts in pertinent part as follows: On March 8, 1995, Melanie Stapper and two other firefighters from unit 26 responded to the report of a fire at the home of Toby and Yvonne Lee. Upon arriving at the scene of the fire, Stapper and her colleagues entered the home’s garage through an open garage door. At that point in time, the garage did not contain any smoke or flames. The firefighters extended a two-inch diameter firehose into the garage through the open garage door and “charged the line.” When charged, the line becomes “rock solid with 120 P.S.I.”

The firefighters opened a door in the garage that led to the house and determined that the house contained smoke and…