Oklahoma LODD Prompts Wrongful Death Suit
The widow of an Oklahoma firefighter who drown last year in floodwaters has filed a wrongful death suit against the city. Claremore Fire Captain Jason Farley died on May 23, 2015 when he was pulled into a flooded storm drain while at the scene of a water rescue. Captain Farley was 44.
His widow, Shelli Farley, filed suit yesterday in Rogers County District Court alleging the city was liable for Captain Farley’s death because (1) it failed to comply with NFPA 1670, and (2) it was responsible for the storm drain that caught him. At the time of the incident, the grate over the storm drain had been removed.
According to the complaint:
- NFPA 1670: Standards on Operation and Training for Technical Search and Rescue Incidents is a national consensus standard that “identifies and establishes levels of functional capability for efficiently and effectively conducting operations at technical search and rescue incidents while minimizing threats to rescuers.”
- The defendant City’s Department does not comply with the standards of NFPA 1670.
- Department fire fighters had not received proper water rescue training prior to Captain Farley’s drowning death.
- At the time of Captain Farley’s death, defendant City’s Department did not have a formal training program supporting swift water rescue at any level.
- Had the Department’s fire fighters been properly trained in swift water rescue prior to May 23, 2015, Captain Farley would not have drowned because his colleagues would have safely been able to rescue him from the drainage pipe.
In regards to the city’s responsibility for the storm drain, the complaint alleges:
- The City was responsible for maintaining the drainage pipe.
- Upon information and belief, the City previously installed grates over this drain at least five times in the past, but removed them. There are visible holes drilled in the area surrounding the drain pipe where the grates used to be attached.
- Had the grates been in place on May 23, 2015, Captain Farley would not have drowned.
The suit seeks damages from the city for negligence and wrongful death. It also seeks an injunction “requiring the City to comply with the training standards set forth in NFPA 1670.”
Here is a copy of the complaint: Farley v City of Claremore
Sad situation for sure for everyone involved. A very good example, however, of something I learned during my career in the fire service and tried to pass on to others in training classes as their instructor was the importance of NFPA Standards.
It’s immaterial whether or not your locality adopts any particular NFPA Standard, either in part or in whole. The fact that all NFPA standards are consensus standards is why, as in this case, the applicable NFPA standard (NFPA 1670) will be presented as Plaintiff’s Exhibit A.
In my opinion, NFPA Standards ARE the standards for the fire service in the USA. If a fire and EMS department cannot meet all of the provisions of a particular standard, e.g., NFPA 1670, then it should clearly communicate that information to its local leaders and the public they serve. That communication should state that until such time as the department has the staffing, training, and equipment to fully comply with the standard, the department will not response to emergencies covered by the standard.
Harsh? You bet. Difficult to execute? You bet x 2. But having a firefighter LODD and telling their survivors how and why it happened…
I had this conversation with my fire district commissioners yesterday. After the recent floods in the Houston area, the tax board wants us to buy a boat for water rescues. I advised them that it wasn’t as simple as going to the local Bass Pro Shop and buying a boat. It would need to be a specialized apparatus the same as an engine or ladder truck. In addition, personnel would require not only training in boat operations, but also water rescue, or it would be a waste of taxpayer money, and a liability for the department and the fire district. I also will not allow my crews to perform functions for which they were not equipped and trained to do. They were reminded that their contract with us specifies that we must follow all NFPA recommendations. All lives matter, but none more so than my crews.