Everett Firefighters File Claim Seeking a Total of $9 million For Asbestos Exposure

Fire fighters are exposed to various hazards during the course of our work – but a claim filed last month by Everett, Washington firefighters reminds us that all hazards must be considered and mitigated during training activities.

In July 2007, Everett firefighters trained in several old residences owned by the city, chopping holes, pulling ceilings, and performing various other demolition oriented overhaul type activities. Not surprisingly, the activities caused a great deal of dust and particulates to become airborne.

While firefighters were initially told the buildings were asbestos free, after five days of training it was discovered that the buildings still contained asbestos. The firefighters, their gear, fire apparatus, and even fire stations had to undergo decon. Some worried whether they had inadvertantly brought asbestos home to their families.

The city and fire department have acknowledged responsibility for the mistake, and have agreed to follow the recommendations of a consultant brought in by the state to evaluate the exposure. The recommendations include providing life-time health evaluations for 27 of the 49 exposed firefighters and new procedures to evaluating buildings used for training.

The Everett firefighters along with their spouses have filed a claim with the city (a prelude to filing a lawsuit) seeking a total of $9 million. It is reported that the firefighters are not interested in compensation,  but rather they want the city to be compelled to pay for the lifetime medical monitoring, as opposed to simply "promising" to provide it. 

Given the great lengths we have seen some cities and towns go through in recent times to avoid their moral and even contractual obligations to firefighters, it is undoubtedly a wise course of action.

More on the story.

2008 Story.

About Curt Varone

Curt Varone has over 40 years of fire service experience and 30 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
x

Check Also

Trouble Again in Trenton

Three Trenton city councilwomen who have been at war with the city’s law department, have been appointed to investigate the handling of a lawsuit brought by a former fire captain. Councilwomen Kathy McBride, Marge Caldwell Wilson and Robin Vaughn were appointed last week by the full council to serve as an investigative sub-committee into a suit brought by former captain Michael Strycharz.

Albany Prevails In Suit Over Demolition of Building After Fire

The US District Court for the Northern District of NY has concluded that the Albany Fire Department and the City were within their rights to order the demolition of a vacant rowhouse after it was badly damaged in a 2011 fire. The suit filed by the building’s owners accused the city of depriving them of their property without due process.