Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
The widow of an FDNY Fire Lieutenant killed at a house fire in 2008 has reached a settlement with the homeowners.
Lt. Robert Ryan was killed on November 23, 2008 when a collapsing ceiling dislodged his SCBA. He died of smoke inhalation. Kathleen Ryan sued the homeowners, James and Lorraine Jefferson, alleging that the fire was caused by defective wiring in the house, and that electric heaters overtaxed an electrical outlet.
According to court papers, the case was settled for $250,000. More on the story.
Most cases like this are not successful due to a legal principle known as the Fireman’s Rule. Essentially, the Fireman’s Rule says that firefighters and police officers who are injured in the line of duty, cannot sue persons who (1) negligently caused the incident to which they responded; or (2) negligently created a dangerous condition at the scene that caused their injuries. There are a number of exceptions to the Fireman’s Rule, and as in this case, some jurisdictions limit its application.
