Civil SuitMunicipal LiabilityNegligenceVolunteers
Motorcycle Owners Sue Church For Lack of Water for Firefighting
Let me read that title again… motorcycle owners sue church for lack of water for firefighting. Yup. That’s it.
A group of eleven motorcycle owners in Madison County, Illinois have filed suit against Peace Free Will Baptist Church for negligence following a 2011 fire at Joe’s Hawg Doc that destroyed their bikes.
The plaintiffs allege that when the fire started the Long Lake Volunteer Fire Department responded and connected to a fire hydrant on the church’s property. Unfortunately, the water main feeding the hydrant was too small resulting in an inadequate supply of water. They allege the value of the lost motorcycles was $282,000.
From news reports it does not appear the fire department was named as a co-defendant.
If you have to think that installation and maintenance of the fire hydrant may belong to the Village or it Water Company.
I think that the while the Church owners installed the hydrant for their Fire Protection (reduction in Insurance Rates), those who installed it should bear the responsibility, if any damages resulting to their improper installation.
it depends, is it a private hydrant or public hyd on private prop. and how is it supplied, water tower or tank or munic water. when a hydrant is installed it should be to code for recommended fire flow, commercial, residential and so on, may be the church may not need as much, fire flow, as the bike repair building needed. as long as it meets the code during install, i would think it would be cut and dry. it still sucks losing the bike though….
stefan
The media is not reporting the details – but I am assuming the water line feeding the hydrant was not to code (the media reported that the suit alleged that the main was too small)… It could also be that the hydrant had not been inspected as required(perhaps the main had narrowed over time or there was a partially closed valve).
You raise a good point about the hydrant possibly being a private hydrant(we call it a yard hydrant). Then the issue becomes does a landowner with a private hydrant have a legal duty to an adjoining property owner to properly maintain it in workable condition?
Isn’t this what insurance is for?
One would hope the judge would throw this out, never mind the details, and sanction or chew the butt of the attorney that filed this suit in the first place.
As for the bikers: Poop happens. Sometimes it is just nobodies fault.
Ok say the Fire Hydrant was a requirement of the building permit for on site water supply as part of building perit process Since it would be a private hydrant on private land does the FD have permission to obtain water from said hydrant and be used at adjacent locations
Is the FD responsibile for providing water supply for fire suppression, was there a pre plan for the building on fire to address tatics to be used
Was the fire of a nature that the FD suppression efforts would be in vain due to the ammount of fire involvement of the building
Was the Bike repair shop complying with code for a repair garage
Is not the owner of the bike shop responsible for his property at all times
If he felt that the FD would use this hydrant for a fire at his building he should have looked into it to see if it worked and would the FD be able to use it or allowed to use it for a fire next door
Who signed off on the Fire Hydrant and the fire flow from the hydrant Was there any Local AHJ or 3rd Party Inspection Is the hydrant just there and not really sized for any kind of fire flow of the church or any other buildings If I have a private Hydrant on my property am I required to have a fire flow based on NFPA or ISO requirements for the guy next door