-
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…
Read More » -
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…
Read More » -
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…
Read More » -
$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: Could the City have been found liable at trial in the absence of proof that “but for” the dated batteries, the decedent would…
Read More » -
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…
Read More » -
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…
Read More » -
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.
Read More »