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 by the Appellate Division of the New Jersey Superior Court has held that a fire captain cannot recover for injuries he sustained that he claims were due to the incompetence of a probationary firefighter; the termination of a Denver Fire for offensive comments that over time earned him the nickname of the Racist-Rover; the filing of First Degree Murder charges against two Illinois EMTs in the positional asphyxia death of a patient they transported; and a suit filed by a volunteer firefighter in New York claiming that she was raped in the firehouse by two ranking officers.

Washington Supreme Court Concludes Public Duty Doctrine Limited to Statutory Duties

NJ Appeals Court Denies Suit by Captain For Injuries Caused by Probationary Firefighter

Denver Lieutenant Fired Over Offensive Comments

Illinois EMTs Facing Murder Charges For Death of Patient

Firefighter Alleges Sexual Assault by Officers After Firehouse Party

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

Washington Stroke Victim Sues Fire and Police Departments

The family of a woman who was arrested for DUI following three accidents has filed suit against the local police and fire departments who concluded she was intoxicated. Jane Carhuff, 55, was driving herself to the doctor on November 11, 2019 when the accidents occurred.

Former Texas Chief Files Discrimination Suit

An assistant chief in Texas who was terminated in 2021 has filed suit alleging gender discrimination. Assistant Chief/Director of Communications Elisa Noriega filed suit today naming the Magnolia Volunteer Fire Department and Montgomery County ESD No. 10 as defendants.