Two Hose-Related Lawsuits in the Fire Law Headlines
Two fire law cases—one decided by a New York appellate court and another newly filed in Utah—both involve injuries allegedly caused by fire hoses in public roadways. Although the factual circumstances differ, each case raises questions about municipal liability and the legal consequences of hose placement and transport during fire department operations.
New York Appellate Court: Bicycle Crash Over Fire Hose
In Barrack v. Village of Piermont, a New York appellate court affirmed the dismissal of a personal injury lawsuit brought by a bicyclist who alleged she was injured after striking a fire hose laid across a village street. According to the complaint, the hose was being operated by a member of the Piermont Fire Department who was also directing traffic at the time of the incident.
According to a memorandum of law submitted by the defendants, the Piermont Fire Department was clearing roadway debris caused by Hurricane Ida during a declared State of Emergency at the time of the incident. The memorandum expressly characterizes the activity as post-storm cleanup, stating that the department was “clearing roadway debris from Ida” when the bicyclist allegedly struck the fire hose.
The plaintiff sued both the Village of Piermont and the Piermont Fire Department, alleging negligence. The trial court dismissed the case, and the Appellate Division, Second Department, agreed. The court held that the laying of fire hoses and the regulation of traffic are classic governmental functions undertaken for public safety. Because the defendants were acting in a governmental capacity, the plaintiff was required to plead the existence of a “special duty” owed to her beyond that owed to the public at large.
The appellate court concluded that neither the notice of claim nor the complaint alleged facts sufficient to establish such a special duty. As a result, governmental immunity barred the claim, and the dismissal was affirmed.
Here is the decision:
Utah Complaint: Fire Hose Falls From Truck on Interstate
By contrast, a newly filed lawsuit in Utah is still at the pleading stage and raises a different factual scenario. In Pressgrove v. Weber Fire District, the plaintiff alleges that a Weber Fire District fire truck lost multiple sections of fire hose while traveling on Interstate 15 in Weber County. According to the complaint, the hose fell into active travel lanes, creating a hazardous roadway condition.
The plaintiff claims her vehicle struck the hose, resulting in a flat tire, vehicle damage, and physical injuries. The complaint alleges that the fire district failed to properly secure the hose, failed to prevent a dangerous condition from forming in the roadway, and failed to timely remove or warn motorists of the debris. The plaintiff seeks damages for personal injuries, medical expenses, pain and suffering, and related losses.
Unlike the New York case, the Utah matter involves allegations tied to the transportation and securing of equipment on a moving fire apparatus, rather than hose deployment during active operations.
Here is a copy of the complaint.
