Tag Archives: public duty rule

Eliminating Technical Rescue Services and Liability

Today’s burning question: If a department eliminates a technical rescue discipline due to liability concerns and a technical rescue incident occur, could those responders be accused of nonfeasance? Answer: The direct answer to your question is yes, responders could be accused of nonfeasance. I think your real question is whether they could be liable and the answer is probably not…

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DCFEMS Dismissed from L’Enfant Plaza Suit

A US District Court judge today dismissed the District of Columbia Fire and Emergency Medical Services Department from the mass tort suit involving the L’Enfant Plaza smoke incident. The incident occurred in 2015 when an electrical problem caused power cables to begin emitting large quantities of smoke inside a metro tunnel.

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Illinois Abandons Public Duty Doctrine in Fire Department Case

In a split decision in a case involving a fire department, the Illinois Supreme court has taken the drastic step of abolishing the public duty doctrine in Illinois. The case involved a 911 call for a medical emergency that, for a variety of Murphy’s Law-type reasons, resulted in a 41-minute delay in accessing the patient

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