Louisville Revisiting Policies on Driver License Checks

A Louisville firefighter who is facing charges of driving without a license has prompted the department to revisit its policies on driver’s license checks. Ramiro Rodriguez is facing a number of charges including driving without a license, stemming from an incident last month.

Ohio Fire District Not Liable for Death of Unbelted Passenger

An Ohio appellate court has ruled that firefighters owed no duty to prevent a woman from boarding or riding on a fire truck without a seat belt, because she was an independent adult who assumed that risk. The case was brought following the death of Marguerite Appel who died after she fell out of a Short Creek Joint Fire District engine following a firefighter funeral.

Civil Rights Suit Brought by Homeless Man Against Dallas Fire and Former Firefighter to Continue

A federal court in Texas has refused to dismiss a lawsuit filed by a homeless man who was beaten by a Dallas firefighter in 2019. Kyle Vess filed suit against the City of Dallas and firefighter Brad Cox alleging a violation of his civil rights under 42 USC § 1983.

Liability and Bail-Out Systems

Today’s burning question: We recently purchased harnesses and bailout kits for all of our members. What is the best way to word the SOG to protect the department liability-wise in the event members refuse to wear the kit? Answer: Great question. First of all, you really have two separate questions and despite your concerns about liability, neither of them are liability questions.

Boilerplate Language In Policies

Today’s burning question: Many of our policies have a boilerplate statement saying that “company officers shall enforce this policy” and the “failure to follow this policy will result in disciplinary action.” Is this language really necessary? Answer: While there is nothing inherently wrong with such language… I am not a fan of it. It implies that your members are not inclined to follow the rules unless threatened…

Ohio Fatal Accident Case Raises Some Important Policy Questions

There is a case pending before the Ohio Supreme Court that raises some important considerations for fire departments, and in particular questions about a department’s policy for emergency response driving. The case arose out of an apparatus accident in Canton, Ohio on ...

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