Wrongful death

   I hope everyone is seeing a decrease in calls so far this year compared to the increase in calls everyone seen in 2022. It was a very difficult year with the line of duty deaths, the injuries, the property damage, and just the wear and tear on equipment, and most of all the physical and mental stress on our brothers and sisters in the fire service.  Taking care of ourselves and each other should be a priority for all of us!!

   I am not an attorney, but with that said, I read an article from Fire Law Blog about a law suit filed in the United States District Court for the Northern District of West Virginia. The suit, filed by the father of a firefighter that was killed in the line of duty, names a fire department, the fire chief, the department that the son was on that mutual aided that responded, and 4 John Does who set the fire that was arson in nature.

   In the “Wrongful Death Compliant” the son’s fire department was dispatched to the arson fire pursuant to the mutual aid agreement by the fire department responsible for the fire.  The suit reads that the fire chief of the responsible fire department, who was incident commander, breached his duties of being in command which included the following:

   • Failing to perform, or negligently performing, a situation evaluation that includes risk assessment;

   • Failing to appoint a Safety Officer to monitor conditions and operations;

   • Failing to determine, or negligently determining, the life safety profile of the incident and assess the survivability profile for firefighters when determining whether offensive or defensive operations should be conducted;

   • Failing to perform, or negligently performing, an initial size-up that considers the type and condition of the structure and location of the fire and any indications of potential structural weakness or collapse;

   • Failing to recognize the high probability of internal and external collapse of the heavy timber construction and establish defensive operations;

   • Failing to clearly notify all firefighters that operations were to be defensive only; 

   • Failing to establish and control collapse zones and make their boundaries clear; 

   • Failing to direct the transmission of an audible alert to notify firefighters to abandon the structure when the conditions became unsafe;

   • Failing to conduct a personal accountability report to ensure that all firefighters had abandoned the structure and removed to safe positions;

   • Failing to continuously monitor the collapse zone perimeters to ensure no one enters the collapse zone;

   • Failing to ensure that personnel safety systems have been established including a personal accountability system; and

   • Failing to take such other actions as were reasonable and necessary under the circumstances for fire fighter safety.

   The suit alleges wrongful death by virtue of negligence, recklessness, and deliberate intent.

   With that said, I want to stress the importance of being trained and the proper use of incident command on all fire and rescue scenes!! Training is available by Contacting the Fire Marshal’s training division or your local emergency manager. It is also available on line (training.fema.gov). Please don’t let this type of incident happen on your fireground. Accountability is so important on all scenes. Everyone needs to come home safe after the fire. 

   The NSVFA office is working on the fire school books so be watching for them in the mail and on the NSFVA website and start planning on attending the 2023 fire school in Grand Island May 19, 20, and 21. 

   Be safe and as always please call NSVFA office or any of the E-Board members if you have any questions.

Mark Meints,

NSVFA Secretary/Treasurer

 

 

 

Blaze Publications, Inc.

Jeff Gargano - Editor
P.O. Box 122
Humboldt, IA 50548
jeff@blazepublicationsinc.com

News and Advertising: News and advertising deadlines are the 15th of each month for the next month's issue.

 

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