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Iowa Water Company Sued for Fire Damage

The Iowa American Water Company is being sued by two couples who lost their homes to a September 2, 2007 fire. According to the suit, “the Bettendorf Fire Department was unable to open the cap on the nearest fire hydrant", leading to additional damage occuring.

A story in the Quad City Times reported that the fire was the second in a six month period in which hydrant problems contributed to the loss. A prior fire on November 16, 2006 has led to a separate law suit against Iowa American Water, where it is alleged that additional damage occurred when silicone in the water line from a newly installed hydrant clogged nozzles and hoses. It does not appear the fire department is a party to any of the suits.

Posted in Civil Suit, Negligence

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President Signs 2009 Ryan White Act Into Law

Today, October 30, 2009, President Obama signed the Ryan White HIV/AIDS Treatment Extension Act of 2009, into law, effectively extending the law that would have expired in December, 2009, for four more years. The Ryan White Comprehensive AIDS Resources Emergency Act, also known as the Ryan White Care Act, or simply Ryan White Act, was originally enacted by Congress on August 18, 1990. The act was named after Ryan White, an Indiana teenager who was expelled from school after he contracted AIDS from a blood transfusion. White went on to fight the expulsion, and became a symbol of the unfair discrimination against those with the illness.

 

The act is important to emergency responders because it includes a provision authorizing the notification of personnel who may have been exposed to an infectious disease from a source patient, despite the medical confidentiality laws that might otherwise block the release of that information. The 2009 reauthorization enhances the existing requirements, and requires the Secretary of Health & Human Services to develop new regulations to ensure that emergency personnel are informed of the source patient’s status after an exposure. Each emergency medical response organization will be required to assign a “designated officer” who will be responsible to determine whether a responder sustained an exposure, and if so, request information from the medical facility receiving the source patient. The receiving medical facility will be responsible to evaluate the request, and if appropriate provide the designated officer with required information “as soon as practicable, but not later that 48 hours after receiving the request”.

 

We will have to await the exact language from HHS, but according to a press release issued today by the IAFC, Chief Garry Ludwig,  EMS Section chair, is quoted as saying “This legislation is so instrumental to the safety and wellbeing of our firefighters and paramedics, especially during critical times such as this when we see a rise in emerging diseases”.  

Posted in Confidentiality, EMS

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Kentucky Fire Department Sues Fire Truck Manufacturer

The North Metcalfe Volunteer Fire Department Inc. has filed suit against Reberland Equipment Inc. and Firovac Power Systems Inc. for damages arising out of an accident involving a tanker truck. The apparatus was manufactured by the defendants on a Kenworth chassis, and rolled over on October 1, 2008 while responding to a fire. Two firefighters on board the apparatus at the time were ejected. More details.

Posted in Apparatus, Civil Suit, Negligence, Product Liability

San Jose to Settle Harassment Suit

As increasing numbers of women have entered the ranks of the fire service, many fire departments have had to address allegations of sexual harassment. While undoubtedly each case of harassment involves a unique set of facts, a recent San Jose, California case would seem to be eligible for an award for being the most novel. A female firefighter's 9 year old son visited his mom's station. Apparently while there he used the men's room, where he found a hardcore pornographic magazine. Unbeknownst to his mom, the boy took the magazine home, where it was later discovered under his pillow.

When his mom confronted the boy about the magazine, he confessed. Upon returning to work she discovered some 60 other pornographic magazines, prompting her to complain to the station captain. The resulting investigation led to the female firefighter-mom being "shunned and taunted" by fellow firefighters. After months of such treatment, the firefighter sued the City for sexual harassment. The San Jose Mercury News reported on October 14, 2009, that the case was being settled for $200,000.

Allegations of sexual harassment based upon retaliation for filing a complaint are not rare. In fact many (if not most) sexual harassment cases include allegations of retaliation to address harassment that occurred after a victim complains about being harassed. What is unusual in this case (besides the involvement of a child), is that it appears the victim was not harassed PRIOR TO her complaining about the magazines. It was only after she complained that the harassing behavior began. In the final analysis, it matters very little. Harassment is harassment. It is not necessary that a person have been the victim of ongoing harassment prior to complaining, to trigger the anti-retaliation provisions of discrimination laws. There are cases where men have successfully alleged retaliation-based sexual harassment because they were harassed for supporting women firefighters who were being harassed. See McMenemy v. Rochester, 241 F.3d 279 (2d Cir., 2001).

Posted in Sexual Harassment

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Kentucky Case Upholds Immunity for Fire Departments

When it comes to the liability of fire departments, suits for negligent firefighting concern fire chiefs and firefighters the most. Making life and death decisions in a time compressed, high-stress environment with incomplete situational awareness seems like a recipe for poor decisionmaking. These circumstances that make it easy to be second guessed afterwards if things don't turn out right.

In many jurisdictions, immunity protection serves as a shield for fire departments from being second guessed (and held liable) by courts and juries. The problem is, immunity protections are constantly under attack. A recent case in Kentucky, involving the Caneyville Volunteer Fire Department, presented a constitutional challenge to the immunity protection provided to fire departments. The challenge was based on a provision in the Kentucky state constitution that gives every person who is "wronged" a right to redress through the courts.

The case is an interesting read, looking historically at both the fire service in Kentucky and immunity laws in general. The bottom line: The Supreme Court of Kentucky upheld immunity protection for fire departments for operational activities at the scene of a fire.

Download CaneyvilleCaseKYSovereignImmun

Posted in Immunity, Municipal Liability, Negligence

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Change is Needed in the Fire Service – Circa 1865

Change is a funny thing. We often hear people self-righteously calling for change they believe is needed. Today, much of the change in the fire service is focused on firefighter safety, safe staffing levels, adequate equipment and PPE, training, and communications. Its hard to imagine that these present day concerns will at some point give way to new concerns and the need for new changes. Its the cycle of life!

I came across this archived article from June 22, 1865, published in the New York Times that talked about the need for change in the fire service in New York City. It seems that a new law had been enacted creating the Metropolitan Fire Commission. The law had been challenged by those seeking to retain the volunteer fire companies that had historically provided service to the City. The trial court ruled in favor of the volunteers, but the Court of Appeals reversed, upholding the new law, and paving the way for what we now know as FDNY.

Download NYTimesEditorial1865

Posted in Historical

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$3.2 Million Death Settlement in Chicago

The City of Chicago just settled a wrongful death case for $3.2 million.

The suit resulted from an incident where a Chicago engine company responded on a medical emergency, and the defibrillator did not work. The defibrillator failure that was attributed to the fact that the batteries were not replaced every 2 years as
recommended by the manufacturer. The patient died despite CPR being initiated almost immediately by his son, an off-duty firefighter.

The case raises a number of interesting issues:

  1. Could the City have been found liable at trial in the absence of proof that “but for” the dated batteries, the decedent would have survived? In legal parlance, the question is framed a bit differently – and focuses on whether the batteries were the proximate cause of the dead.
  2. Does the City have immunity for such an occurrence?
  3. Did the City owe the decedent a legal duty, and if so was it a public duty or a special duty?

The settlement means none of these issues will be explored, but the case raises another interesting question: What is the duty of other fire apparatus that do not even have defibrillators? Is there a legal duty to have a functioning AED on board every engine company?

The engine company in question had an AED. If a fire company is not required to have an AED, but has one – does that create a duty to ensure that the AED is functional? 

Posted in Duty to Act, Immunity, Municipal Liability, Negligence

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New Mexico Firefighters Sue Gas Company for Massive Explosion

Todays burning question: Can firefighters who are injured in a gas explosion sue the gas company, or is suit barred by the Fireman’s Rule?

Firefighters who responded to a massive gas pipeline explosion near Carlsbad, NM, in 2000 have been cleared by the New Mexico Supreme Court to proceed to trial against the gas company who is alleged to have improperly maintained the pipeline. The case was originally decided against the firefighters based upon the Firemen’s Rule (see Legal Considerations or Fire Officer’s Legal Handbook, Chapter 8).  However, the New Mexico Supreme Court ruled that the suit could proceed. Click here for more details.

Posted in Burning Question, Firemen's Rule, Negligence

Seattle ordered to pay $12.75 million to firefighter injured in sliding pole accident

A King County, Washington jury ordered the City of Seattle yesterday to pay $12.75 million to a former firefighter who was injured in an unusual sliding pole injury. Click here for article. The injury occurred in 2003, under apparently similar circumstances to a previous incident in 1976. A firefighter not normally assigned to the station, left a darkened dormitory in the middle of the night to use the bathroom, mistook the door to the pole for the door to the bathroom, and fell approximately 15 feet suffering severe injuries.

Often cases such as this are barred by a number of legal doctrines, such as sovereign immunity, workers compensation exclusivity, or statutory immunity, and in many states would be statutorily capped by tort claims acts. No word yet on whether the City will appeal.

Posted in Immunity, Municipal Liability, Negligence

Welcome to Fire Law

It seems like hardly a day goes by without some new headline reminding us that fire and emergency responders are involved in a dangerous profession that frequently leads to some sort of legal activity.

This blog will provide a place where those headlines and cases will be complied – and when ever possible some commentary provided. I hope you enjoy. I hope you learn. I hope you will engage in discussions by commenting.

Posted in General legal issues

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