Tag Archives: public duty doctrine

FDNY Prevails in Suit Brought by Injured Kayaker

The Appellate Division of the New York Supreme Court has upheld the dismissal of a lawsuit brought by a kayaker who was serious injured during an FDNY marine rescue. Frank Marino Jr., 17, was kayaking in Jamaica Bay on May 30, 2014 when he capsized prompting an FDNY response.

Fire Law Roundup for January 23, 2023

In this episode of Fire Law Roundup for January 23, 2023, Brad and Curt discuss a lawsuit filed by the family of a woman who suffered a stroke, but was mistaken for being under the influence; a discrimination lawsuit filed ...

Fire Law Roundup for January 16, 2023

In this episode of Fire Law Roundup for January 16, 2023, Brad and Curt discuss a decision by the Supreme Court of Washington that the public duty doctrine, only applies to statutorily created duties, not common law duties; a decision ...

Washington Court Holds Public Duty Rule Does Not Protect Seattle Medics Who Went to Wrong Address

The Court of Appeals of Washington has ruled that the public duty doctrine offers no liability protection to Seattle firefighters who responded to the wrong address for a cardiac arrest. The case involved a suit brought by Delaura and Fred Norg after Fred suffered a heart attack in 2017.

FDNY Prevails in Wrongful Death Suit, No Special Duty

A wrongful death lawsuit against FDNY over the failure to transport a woman to the hospital, has been dismissed. The suit was filed by Anthony Pioli on behalf of the estate of his mother, Anna Pioli, who died in 2016.

FDNY Ambulance Delay and NY Special Duty Rule

A lawsuit brought by the husband of a woman who died when an FDNY ambulance responding to her apartment was flagged down by police officers for another incident, has survived its first challenge, courtesy of the special duty rule. The case dates back to April 11, 2014, when Michael Mannino called 911 for Carmen Mannino.

Eliminating Technical Rescue Services and Liability

Today’s burning question: If a department eliminates a technical rescue discipline due to liability concerns and a technical rescue incident occur, could those responders be accused of nonfeasance? Answer: The direct answer to your question is yes, responders could be accused of nonfeasance. I think your real question is whether they could be liable and the answer is probably not…

FDNY Prevails in Elevator Rescue Suit Based On Special Duty Rule

The New York Supreme Court Appellate Division has upheld the dismissal of the City of New York and the FDNY from a lawsuit filed by a person injured during an elevator emergency in 2014. Daniel Ortiz filed suit claiming he injured his knee when a stalled elevator he was in dropped several feet during rescue efforts

Clumsy Plaintiffs and Standpipes

Today’s burning question: I was walking in an older part of the city of [redacted] recently when I tripped and fell, hitting an uncapped standpipe connection on the way down. The edge of the standpipe was jagged and rusty. I now have a significant injury to my face as a result that required plastic surgery. Can I sue the fire department for my injury?

DCFEMS Dismissed from L’Enfant Plaza Suit

A US District Court judge today dismissed the District of Columbia Fire and Emergency Medical Services Department from the mass tort suit involving the L’Enfant Plaza smoke incident. The incident occurred in 2015 when an electrical problem caused power cables to begin emitting large quantities of smoke inside a metro tunnel.

Illinois Abandons Public Duty Doctrine in Fire Department Case

In a split decision in a case involving a fire department, the Illinois Supreme court has taken the drastic step of abolishing the public duty doctrine in Illinois. The case involved a 911 call for a medical emergency that, for a variety of Murphy’s Law-type reasons, resulted in a 41-minute delay in accessing the patient

Homeowner Wants City to Pay for Door Damaged by Firefighters

Today’s burning question: Last March when I went out shopping, firefighters were called to my house and broke down my door. Apparently my neighbor called because my wood burning stove created a lot of smoke. The door cost me $2,000 to fix. Can I make the city or the firefighters pay?