Family of Deceased Firefighter Sues Homeowner for Wrongful Death
The family of a firefighter who was killed at a house fire last year in Woodstock, New York, has filed suit against the owner of the house alleging negligence and wrongful death.
Jack Rose was a volunteer firefighter with the Mount Marion Fire Department. On December 19, 2015, he responded on mutual aid to a chimney fire in Woodstock along with the Centerville Fire Department. Rose had recently been elected captain. He was 19 at the time of his death.
According to the Hudson Valley Post: Mount Marion firefighters entered the basement to battle the blaze. Rose became separated from his team during the interior firefighting effort. His fellow firefighters located him and brought him outside, where he became unresponsive. Firefighters initiated lifesaving measures. Rose was transported by DIAZ Ambulance to the Health Alliance Hospital in the Kingston Broadway Campus where efforts to revive him continued. He eventually was pronounced dead.
The suit was filed by his parents, Gary and Linda Rose, as the administrators of his estate. The suit names the homeowner, Mary Alice Mark, accusing her of:
“carelessly, negligently and recklessly failed to maintain the wood burning stove situated in the middle of the living room, and failed to service, clean and maintain the chimney flue of the aforesaid wood stove at plaintiffs’ residence which negligence caused the said wood stove to malfunction and set fire to defendant’s home.”
Here is a copy of the complaint: rose-v-mark
Here is a news article discussing the case and raising some additional issues about the fire. The NY Department of Labor’s Labor Public Employee Safety and Health Bureau, cited both Mount Marion Fire Department and the Centerville Fire Department for numerous violations of Occupational Safety and Health Administration violations. Among the items of concern was the fact that Captain Rose used an SCBA off a Centerville truck for which he was not trained and had not been fit tested. Centerville reportedly uses MSA while Mount Marion uses Scott.
Note: It is unclear why the complaint states that Captain Rose was with the Centerville Fire Department, but all other media outlets report he was with Mount Marion.
Tough, but fault lies with F/F. (In my option )
Chief, I thought the law prevented us from suing the owners for injuries we received doing our job? Or am I confused.
The firefighter isn’t suing. He’s dead. His family is suing, although I don’t think they have much of a case.
I understand the firefighter isn’t suing. After all he is no longer with us.
My understanding was the same rule applied to the family.
Dave
It is confusing. The Fireman’s Rule generally prohibits injured/deceased firefighters, EMS personnel and police (and their families) from suing those responsible for causing an incident and/or the property owner for negligence. Not all states adopt the Fireman’s Rule, and their are exceptions and variations. NY in particular recognizes some unusual exceptions… including when someone violates a law… such as a fire code.
Rule of Thumb: The Fireman’s Rule does not apply everywhere and in every situation… but it always has to be considered when a firefighter sues a property owner/negligent party for incident related injuries.
Thanks Chief. Like everything, nothing is black and white I guess
Curt, quick question. What exactly is the “Fireman’s Rule” and what are the origins of the rule? I am presently reading your text on legal considerations, and think very highly of your work. Regards–Mark Thompson/Fire and Emergency Services Administration senior at Colorado State University
Geeze Mark… I guess that means I didn’t explain it well enough in the text…. Which incidentally I don’t think is true!!! You may want to got back and reread that chapter. Also – if you look above at my response to Dave’s original question I explain the basics of the Fireman’s Rule – so I won’t do it here again. The problem is the rule is complicated and has many exceptions… too many to address here in a reply to a reply to a post. The rule has multiple origins – rooted in assumption of the risk, property law (trespass, invitees, permittees, etc.) public policy to encourage people to report fires, and economics. The exceptions typically address these issues (eg a firefighter cannot accept a risk that is unknown and concealed by the property owner…) Again – this brief explanation does not do the rule justice – but take another look at the explanations in the book.
Hell, sounds like I might have to break down and get a copy myself (and I’m neither a lawyer nor a law student). If I do buy it, can I get it autographed?