Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone

Tag Archives: calculated risk

NY Court of Appeals Holds Fire Department Not Liable in Accident Case

The New York Court of Appeals has ruled that a fire department cannot be held liable for the negligence of one of its firefighters through vicarious liability when the driver could not be held liable directly for negligence. The ruling clarifies a contentious issue in New York involving the interpretation of conflicting laws, and is largely viewed as a victory for fire departments.

Curt Varone has over 45 years of fire service experience and 35 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, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.

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