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Scottish Fire Rescue Service Facing Criminal Charges Over LODD

The death of a Scottish firefighter four years ago has led to criminal charges being brought against his department. FF Ewan Williamson of the Lothian and Borders Fire and Rescue Service was killed on July 12, 2009 in Edinburgh while fighting a fire in a bar. During the fire twenty people were rescue from apartments above the bar.

Williamson’s family filed a 700,000 pound sterling ($1 million) damage claim against the department last year, claiming watch commander Tim Foley failed to recognize the warning signs of a “backdraught”, and did not provide Williamson sufficient rehab time between entries. They also allege that ventilating windows in the bar contributed to Williamson’s death.

Williamson is believed to have made an initial entry with his crew into the building and come out to replenish his air supply. It was during his second entry that an evacuation order was given. While everyone else made it out safely, Williamson radioed Foley "I'll be there in a minute, boss, I think I'm stuck in a toilet." He followed that transmission by another reporting: "I'm stuck. I'm stuck." His body later was found in a bathroom.

According to pleadings submitted by Williamson’s family:

  • "On ascending the stairs for the second time, he was confused and suffering from heat exhaustion… he turned towards the toilets instead of towards the entrance of the bar"
  • "Ventilating the fire by smashing windows … made the task of those fighting the fire in the basement more dangerous"
  • "Mr Foley failed to exercise reasonable care for the safety of the deceased and by his failures caused the death of the deceased."

According to news reports Williamson’s family has offered to "freeze" their civil claim if the Crown Office agrees to prosecute “anyone” over his death.

Two formal charges were filed against the fire department on April 9, 2013, one for breaching Section 2 of the Health and Safety at Work Act 1974 and the other for breaching Regulation 3 of the Management of Health and Safety at Work Regulations 1999, by failing to carrying out risk assessments.

The charges have been brought against the Scottish Fire and Rescue Service, who took over the Lothian and Borders Fire and Rescue Service on April 1, 2013.

More on the story, including video coverage.

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Posted in Civil Suit, Criminal Law, International, LODD, Municipal Liability, Negligence, Occupational Safety & Health, Wrongful death

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1 comment Posted by on April 15, 2013

Apparatus Accident LODD Prompts Criminal OSHA Citation

The death of a volunteer firefighter who was responding to fire in Nipissing, Ontario has prompted criminal charges being filed against the fire department.

Firefighter Paul Nelson, 21, was killed on December 27, 2011 when the engine he was driving went off the road in a weather related accident. He was a college student at Nipissing University, and was alone in the pumper at the time.

The Ontario Ministry of Labour brought the charges under the Occupational Health and Safety Act claiming that the Nipissing Township Fire Department failed to provide Nelson with enough training.

Also facing charges in connection with the accident is a contractor responsible for clearing the roads at the time of the accident. News reports indicate there were some 27 accidents in the area associated with snow and ice.

I am hoping to get some additional details on the nature of the charges. Here are the penalties listed for OSHA violations in Ontario:

Penalties

66.  (1) Every person who contravenes or fails to comply with,

(a) a provision of this Act or the regulations;

(b) an order or requirement of an inspector or a Director; or

(c) an order of the Minister,

is guilty of an offence and on conviction is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than twelve months, or to both.

Idem

(2) If a corporation is convicted of an offence under subsection (1), the maximum fine that may be imposed upon the corporation is $500,000 and not as provided therein.

More on the story.

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Posted in Apparatus, Criminal Law, International, LODD, Municipal Liability, Occupational Safety & Health, Volunteers

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5 comments Posted by on January 2, 2013

Texas FD and E-One Liable in LODD Suit

The jury in the first of two wrongful death lawsuits brought against E-One, E-One dealer Hall Mark Fire Apparatus, and the Kilgore Fire Department has concluded that the defendants were jointly responsible for the 2009 deaths of Kyle Perkins and Cory Galloway.

Perkins and Galloway were killed while training on January 25, 2009 with a 95 foot ladder tower on an 8 story building. The men were in the ladder’s bucket but were not wearing safety belts at the time. The platform became stuck against the roof of the building, and whiplashed violently when it broke free catapulting both men to their deaths.

The families sued E-One and Hall Mark on a products liability – defective design theory, as well as negligence, and gross negligence. The Kilgore Fire Department was also accused of negligence in allowing Perkins and Galloway to be in the bucket without safety harnesses, and without all personnel being properly trained on the truck.

The case decided yesterday was brought by the family of Kyle Perkins. The jury heard testimony over eight days, and deliberated for only four hours before awarding $800,000 in damages.  

The second suit, brought on behalf of Cory Galloway, is scheduled for trial in June.

More on the story.

NIOSH Report on the Deaths

 

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Posted in Apparatus, Civil Suit, Line of Duty, LODD, Municipal Liability, Negligence, Occupational Safety & Health, Product Liability, Training, Wrongful death

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3 comments Posted by on May 15, 2012

Family of Boston LT Kevin Kelley File Suit Over LODD Accident

In a long expected lawsuit, the family of Boston Fire Lieutenant Kevin Kelley has filed suit against six companies who inspected or worked on the brakes of the ladder truck prior to the tragic 2009 accident that took his life. In a move that many found surprising, the suit did not include the City of Boston Fire Department.

Lt. Kelley died and three firefighters were seriously injured when Ladder 26 lost its brakes while coming down a steep hill on January 9, 2009. The truck struck a building.

The wrongful death lawsuit was filed on November 1, 2010 in Suffolk County Superior Court, and alleges negligence and gross negligence by the six private vendors who serviced the ladder truck. The vendors are Bay State Auto Spring Manufacturing Co. of Roxbury; Boston Freightliner Inc. of Everett; Broadway Brake Corp. of Somerville; Damian Diesel Inc. of Avon; Suspension Specialists Inc. of Allston; and Woodward’s Auto Spring Shop Inc. of Brockton.

According to the Boston Globe, several of the vendors expressed disbelief at being sued.  Philip D’Angelo, president of Broadway Brake, is quoted as saying  “We didn’t really do anything to that vehicle…. We did a state inspection on that vehicle a year before, so I know it’s not going anywhere as far as we’re concerned. We didn’t do anything to it. What I’ve done is hand [the lawsuit] over to my insurance company, and they’ll deal with it.’’

The vendors may choose to add the City of Boston and/or the Boston Fire Department to the suit as a third party defendant.

 

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Posted in Apparatus, Civil Suit, Municipal Liability, Occupational Safety & Health, Wrongful death

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1 comment Posted by on November 2, 2010

Buffalo LODD Widow Sues Fire Department for Husband’s Death

In what seems to have become standard practice following a line of duty death, the widow of Buffalo Fire Lt. Charles McCarthy has filed suit against the city of Buffalo and Fire Commissioner Mike Lombardo, alleging negligence in connection with his August 24, 2009 death. FF Jonathan Croom was also killed in the fire. 

The suit alleges the department did not enforce the two-in two out requirement, and tolerated accountability lapses. Suit was also filed against the building owners.

Here is a video with additional details.

 

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Posted in Civil Suit, Negligence, Wrongful death

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1 comment Posted by on October 17, 2010

LODD Firefighter’s Estate Leads to Bizzare Legal Challenge

I was totally speechless after reading this story about Fire Captain Thomas Araguz, who was killed 2 weeks ago on July 3 at a structure fire in Wharton, Texas. Thankfully – there is a video to explain the details so I don't have to – but you won't believe this story. Every time I think Hollywood goes overboard in making up a story for Law and Order or CSI, I see a story like this.

The law on the subject is actually pretty straightforward. Fraud is grounds for the annullment of a marriage. Violation of law or public policy is as well (although some may argue the law in Texas is discriminatory). In either event – whether on the grounds of a same sex marriage or fraud – an annulled marriage is void from the beginning…. as if it never happened. That means his ex-wife.. er… first mate – is out. 

 Wow. I am so glad I got the url www.youcantmakethisstuffup.net.

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Posted in You Can't Make This Stuff Up

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2 comments Posted by on July 19, 2010