Tag Archives: special duty

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…

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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

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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?

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