Parents of Texas FF sue apparatus maker

[IzzyEng4 427]

I found this on Firehouse.com and this is going to be a long legal battle. The firefighter was not wearing a seatbelt and I think that this might be a key factor in the case now. I'll post the article here and lets discuss it, especially wearing seatbelts.

Izzy

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Firehouse.com Home > News Headlines

Fire Truck Makers Sued in Texas Firefighter's Death

Updated: 06-08-2006 01:15:28 PM

The parents of an Amarillo, Texas, firefighter who died in a fire truck accident have filed a negligence lawsuit against the vehicle's manufacturer.

The lawsuit, which also names the truck's service providers, stems from the April 23, 2005, accident in which Amarillo fire department's Christopher Brian Hunton, 27, died, the Amarillo Globe News reported Wednesday.

Hunton fell through the rear passenger door of an American LaFrance ladder truck while rounding a turn en route to a call. He reportedly wasn't wearing his seat belt when the accident occurred.

The lawsuit alleged American LaFrance LLC, Freightliner LLC, Patriarch Partners LLC, Dalmatian Corp. and DaimlerChrysler Corp. designed the vehicle with a defective and dangerous door latch system and failed to give proper warnings of the danger. It also claimed Amarillo Truck Center, a truck dealership, was negligent in performing service and repairs to the rear passenger door latch.

The truck maker and the dealership did not comment, saying they'd seen the lawsuit. The petition also challenged the constitutionality of Texas' $750,000 cap on punitive damages in a product liability suit.

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[res6cue 67]

While not wearing a seatbelt was obviously a factor here, if indeed the door latch was defective, ALF is going to have a problem.

The thing is, while I don't think anyone would argue that wearing your seatbelt is ever a bad thing, the fact of the matter is that most states exempt emergency vehicles from the law. Hell, most states exempt rear seat adult passengers from the law in ANY vehicle. So while wearing our seatbelts on fire apparatus might make us safer, it does not exempt the manufacturer from manufacturing proper door latches. They should always be of the double latch type as is federally mandated by FMVSS No. 206.

Another factor is the type of interior handle. Most older apparatus has a handle that sticks out a few inches and takes only a slight turn to engage. Newer apparatus uses recessed handles. I'll be the first to admit there have been hundreds of times I've ridden in that back of our older Pierce trucks, window down, standing in the stepwell leaning against the door enjoying the fresh air. It's a miracle I never got my gear or torso hung up on the door handle and flung the door wide open. I'm sure we can all relate to that.

Should we all wear our seatbelts? That's a no brainer, of course we should. Does it happen? Not very often. It's nearly impossible to gear up and pack up with a belt on, and the reality is that guys aren't going to do it before leaving the station or wait until they're already on the scene. I recently read an article about a dept that removed the SCBA from the seats and puts them in an outside compartment, so there is no excuse for the crew not to have their seatbelts on. That's a pretty bold and progressive move in such a tradition oriented and "seconds count!" type of organization such as the fire service is. It just might be the way to go though. Another benefit the dept touts is that it gives the firefighters some pause when arriving at the scene, where they can do a sizeup while packing up, helping to avoid tunnelvision.

I relate the lack of seatbelt wearing with the habit most of us still have of taking our masks off during overhaul. We seem to have a false sense of security in both situations, even though the irony is that both situations have to easily be in the top 5 of most dangerous hazards we face.

[Guest alsfirefighter]

There is no reason as to why you shouldn't have your seatbelt on. If you get an alarm you should be dressed prior to embarking the apparatus. While sad that any firefighter loses their life, if that brother had his seatbelt on he'd be here today. That will be a lawsuit that the manufacturer will be found if it goes to jury to be a certain percentage at fault being he wasn't belted. If you have to don your gear while enroute once you are done put your seat belt back on. While some state laws exempt emergency vehicle seat belt use (NY isn't one of them) NFPA standards also require it. Also keep in mind that any empty seat you want to ensure that the SCBA restraint is also strapped and get any loose equipment out of the cab. You can be seat belted and killed or seriously injured by losse equipment and/or airborne SCBA's which has happened numerous times of the past several years. Not wearing a seat belt is a negligant act on your own part, and the fire service needs to get serious on all levels to ensure it is being done and enforce it when it is not. The reality is if leadership checks to see if people are getting dressed before embarking and take action if it is not, then it will become a reality. Anything else is unexcusable.

Also Phoenix was the first department to remove their SCBA's from the cab and did drills to see if it was functionable prior to doing so. They found it cost no time and had other benefits to firefighter safety. How many of you can get out of the cab with the SCBA in the appropriate or comfortable spot for use? I know I and several colleagues cannot and have to adjust them higher once we get out of the apparatus. The compartment way also allows you to get a good look of the structure and affords the officer better control as all members are donning their SCBA's in one spots to issue assignments. So no loss of seconds, and as I've said before....screw tradition. They started a new on for themselves when they took the SCBA's out of the cabs. Tradition is good for 2 things, reminding you of where you are and keeping you from where you need to be.

[res6cue 67]

While some state laws exempt emergency vehicle seat belt use (NY isn't one of them) NFPA standards also require it.

Perhaps you misspoke, but NYS indeed does exempt emergency vehicles from all seat belt laws. If you didn't misspeak, then you have the wrong information.

4. For the purposes of this section, the following terms shall have the following  meanings: (a)  "motor  vehicle" shall include all motor vehicles which are required by section  three  hundred  eighty-three  of this chapter  or  regulation or would be required if such motor vehicle were registered in New York state to be equipped by a  safety  belt but shall not include those vehicles which are used as school buses, as such term  is  defined  in  section one hundred forty-two of this chapter and those vehicles which are authorized emergency vehicles, as such term is defined in section one hundred one of this chapter;

http://www.nysgtsc.state.ny.us/seat-vt.htm

Seat belt use is not required in 1964 or older model vehicles, taxis, livery vehicles, emergency vehicles or by passengers in buses other than school buses (seat belt use may be required by the school district).

http://www.nydmv.state.ny.us/broch/c-1.htm

[SteveOFD 176]

Found an article relating to this Firefighters death at Firehouse.com. The article is Do You Have The Courage To Take The Seat Belt Pledge. As I have said before, I always wear my belt when on board and ask if all other members are belted when I drive.

We should all have the "courage" to sign this pledge and fax it back by July 21, 2006.

Edited June 9, 2006 by SteveOFD

[ONLOCATION 24]

My Rig is a LaFrance... we have a Seatbelt Alarm, When Pressure or "Weight" is put on the a** of the Seat it triggers an Alarm in the Cab and it will not stop alarming till the Seat Belt for that seat is fastened. I have seen that on Multiple ALF's, Not entirely sure its standard but I would have to say by seeingit on so many it probably is. U can Cut the Wire or un-plug the sensors but saftey reasons we opted not to. Its just a Safety Factor everyone has become a custom to that rides the rig.

[Guest alsfirefighter]

Res6cue:

Thanks for pointing that out and putting the section of law in. I was under the impression that only taxi cabs were exempt from the law when a friend of mine wrote a taxi driver and when he looked up the law he found that they were exempt.

Thanks again.

[IzzyEng4 427]

Res6cue:

Thanks for pointing that out and putting the section of law in.  I was under the impression that only taxi cabs were exempt from the law when a friend of mine wrote a taxi driver and when he looked up the law he found that they were exempt.

Thanks again.

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There exempt??? I didn't know that one.

We have the triggers in our new Smeal / Spartan pumper, though a pain in the neck it is well worth the trouble. Law is Law now, though I feel you should have a choice, there has been two many accidents not to put one on.

But what strikes me more in this article is not the wearing of the seatbelt but the type of door latchs that is described. What I'm trying to find out is that if this is a new ALF or a refurbished one. I beleive that this is a new Eagle or Metropolitan rig but I haven't heard of any other latch problems thorugh the industry. COuld he have not shut the door properly and with that, no warning device stating his door was not totally shut??? This sounds like a major problem here and ALF needs to address this immediately.