Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
The widow of an Irmo, South Carolina firefighter who was killed while operating at a structure in Columbia, has filed a wrongful death suit against the City of Columbia and Richland County.
Irmo firefighter James Muller was killed on May 26, 2023 while operating at an apartment building fire. The lawsuit, filed by Emma Elizabeth Muller in April in Richland County Court of Common Pleas, alleges that a series of command failures by Columbia Fire Department personnel during the incident led to her husband’s death. That suit was amended yesterday to identify the Columbia-Richland County Fire Department as the proper agency, and the City of Columbia and Richland County as the proper defendants.
The fire occurred at the Tropical Ridge Apartment Complex on Stoneridge Road in Columbia. Firefighters from multiple departments responded under a mutual aid agreement. The Irmo Fire Department responded while Columbia-Richland retained command.
According to the complaint, the apartment complex was constructed in 1985 with open web trusses and chimney chases that lacked fire stops—features that allegedly allowed the fire to spread rapidly. The plaintiff contends that Columbia-Richland County Fire Department’s command staff either knew or should have known of the building’s susceptibility to collapse due to its construction.
The lawsuit outlines a series of alleged failures by Columbia-Richland County Fire Department before and during the fire, including:
- Inadequate training of its personnel in communications and interagency coordination;
- Failure to perform a proper risk assessment or to recognize warning signs of structural instability;
- Failure to maintain effective communication channels, particularly after multiple mayday calls were made from inside the building;
- Use of deck guns to apply large volumes of water while personnel were still inside the structure, which the lawsuit claims contributed to the collapse of the roof.
The complaint alleges that James Muller entered the structure after an earlier crew observed sagging ceiling trusses. While inside, the roof collapsed, trapping Muller. A mayday call was issued, but due to communication breakdowns, Incident Command reportedly believed all firefighters had been accounted for after rescuing a separate crew and did not initiate further rescue efforts for Muller. He remained trapped for at least 45 minutes, during which time he was reportedly conscious and able to speak. He ultimately succumbed to his injuries and was pronounced dead at the hospital. The cause of death was listed as mechanical asphyxia.
In addition to the wrongful death claim, the lawsuit brings survival and loss of consortium claims. The South Carolina Office of Occupational Safety and Health (SC OSHA) is reported to have cited Columbia Fire Department for multiple violations following the incident, which are referenced in the complaint.
The lawsuit seeks compensatory damages for Muller’s estate and statutory beneficiaries under South Carolina’s wrongful death statute, as well as damages for pain and suffering, mental anguish, and loss of companionship.
Here are copies of the original and amended complaints:
