Fire Prevention

Bridgeport Prevails in Suit Over Warehouse Fire

The Connecticut Court of Appeals has rejected the claims of a building owner who sought to hold the Bridgeport Fire Department liable for a major warehouse fire that resulted in a toxic waste cleanup costing the EPA over $2.3 million. 25 Grant Street LLC, filed suit alleging the fire department’s failure to conduct inspections coupled with a decision to apply water to “a small fire” in a building containing drums of toxic chemicals, led to the damages.

RI Statute Prohibiting Solicitation of Fire Victims at Scene Upheld

The US District Court for the District of Rhode Island has upheld a Rhode Island statute that prohibits insurance adjusters, disasters restorers, and contractors from entering onto fire damaged premises until twenty-four hours after the fire marshal or fire department has released the premises back to the owner.

Oakland Settles Claims from Ghost Ship Fire for $32.7 Million

The City of Oakland has agreed to pay $32.7 million to settle a mass tort suit arising out of the Ghost Ship Fire. The December 2, 2016 fire in a converted warehouse claimed the lives of 36 concert-goers and injured scores of others. The lawsuit alleged that city officials were aware of fire and building code deficiencies in the warehouse but failed to address the problems.

Criminal Investigation Opened Into LAFD Explosion

Detectives from the Major Crimes Division of the Los Angeles Police Department have launched a criminal investigation into the cause of a fire and explosion Saturday that injured twelve firefighters, two critically. The fire occurred at a hash oil manufacturing site in downtown Los Angeles.

FDNY Fire Inspectors Allege Race Discrimination In Pay and Safety Equipment

Five FDNY fire inspectors along with their union have filed a class action suit claiming their wages and safety concerns have been ignored as part of a "long history of racial discrimination at the Fire Department of New York.”

Another Wrongful Conviction Arson Case – NY This Time

A New York man who served over eight years in prison after he was wrongfully convicted of arson, will be allow to continue his false arrest, malicious prosecution and civil rights suit against numerous defendants including two fire departments and four firefighters.

Junk Science Arson-Murder Conviction Leads to Wrongful Prosecution Suit

A Kentucky man who served 12 years for an arson-related murder that he was subsequently cleared of, has filed suit against a number of arson investigators and law enforcement officers who he claims “conspired to frame him for various offenses, including… capital murder… attempted murder … and first-degree of arson.”

Phoenix Prevails in Wrongful Arrest Suit Over Arson Case

A lawsuit filed against the City of Phoenix by man who spent 14 months in jail on arson charges for an accidental fire, has been dismissed. Carl Vincent Ball Caples claimed the city violated his civil rights when investigators charged him with arson.

Ohio Fire District Moves To Force The Closure of Motel

An Ohio fire district has filed suit to close an area hotel due to fire code violations. Cardinal Joint Fire District Deputy Chief Matt Rarick filed suit last week seeking a temporary restraining order and preliminary injunction prohibiting the continued occupancy of the Canfield Colonial Motel.

OSHA Cites UPS for Fire Code Violations at Massachusetts Facility

Federal OSHA has handed down fines totaling $431,517 against United Parcel Services for repeated fire code violations at their Vineyard Haven, Massachusetts facility. The citations issued last week involved for four repeated and seven serious safety violations.

Court Allows Suit Against Fire Inspector to Move Forward

A sprinkler contractor who sued a local fire marshal and fire commissioner over the denial of a permit has survived a motion for summary judgment in US District Court for the Northern Mariana Islands. Double A Corporation filed suit earlier this year against Anthony Babauta, a fire inspector for Commonwealth of the Northern Mariana Islands Department of Fire and Emergency Medical Services

Local Fire Marshal Shuts Down Road Construction

Today’s burning question: I am the local fire district’s fire marshal and a contractor just erected signage indicating they plan to shut down a key road for construction that will result in a 10-mile detour for our fire apparatus. If this constitutes an unreasonable hazard in the event of a fire, can I issue an emergency stop work order? Answer: That is exactly what a fire marshal in Oregon did earlier this month.

Ohio Court Rules Cause and Origin Report is a Public Record But Subject to Redaction

The Ohio Court of Appeals has ruled that the state fire marshal should have release a redacted version of an investigative report into the cause and origin of a fire that killed a firefighter in 2015 to The Cincinnati Enquirer in Dec. 2016. Hamilton firefighter Patrick Wolterman died fighting a house fire on Dec. 28, 2015.

Today’s Burning Question: Should The Loser Pay?

Today’s Burning Question: If someone files suit against a fire department and loses, shouldn’t they have to pay the city’s legal bills? Answer: That is not how our legal system works. Let’s use a recent case out of Sebring, Florida to better understand the issues.

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