Volunteer FF can sue homeowner after being injured on call at home

[DWC295 70]

This is an interesting story.

My link

[SageVigiles 1,194]

Definitely interesting. In CT we have what's known as the "firemen's rule" (though it also applies to law enforcement, etc) that prohibits public safety personnel from suing for these types of injuries.

[Bnechis 3,961]

Slipped on Ice, who would have thought it might get icy on a driveway in New Hampshire?

Live Free or Die....and if that does not work for you....SUE.

[StOpGoBlUE 11]

What a loser.... And now there entire department looks bad.

Yea cause water don't freeze while your fighting a fire in the winter time!!

[Stepjam 118]

Injuries are part of the job, and they will happen. I blew out a knee, but my medical coverage took care of

the resulting bills and therapy. Other than that, I totally got over it.

[FF398 45]

Situational awareness, know your surroundings. Someone should remind this guy that he lives in the northeast and it tends to be cold in february...

[gamewell45 258]

Live Free or Die....and if that does not work for you....SUE.

This is the accepted mechanism used in our country to settle disputes when they arise. Of course we could use the mechanism used in some Mideastern countries where you settle your differences with a gun or knife.

[Bnechis 3,961]

This is the accepted mechanism used in our country to settle disputes when they arise. Of course we could use the mechanism used in some Mideastern countries where you settle your differences with a gun or knife.

Slipping on Ice on a fire call is not a dispute.

And I have worked EMS a lot closer to home than the middle east, where they settle things with a knife and gun

[x129K 1,393]

Amen Cap!

[SECTMB 612]

According to the brief story, both he and his wife sued. I can only assume she sued for lack of consortium while he recovered from whatever injury he suffered. I wonder what value her suit put on his stud services.

I thought injuries suffered while in performance of official duties were covered by workers compensation.

[CTFF 65]

What a loser.... And now there entire department looks bad.

Yea cause water don't freeze while your fighting a fire in the winter time!!

This will make the entire fire service look bad. People wont read the entire story and assume firefighters can sue them, this may prevent people from calling us early.

[vtach39680 23]

This is a great case of Post hoc ergo propter hoc. How can you fault the homeowner. In this case I am sure they provided a reasonable means of maintaining their property in a safe way. The cause of the fall due to ice could equally be placed on the FD for not maintaing a "safe" working environment for their workers

This is all just total crap and for the court to let this proceed. OMG

[INIT915 1,119]

Well, I can only hope there is also a reciprocal NH law that allows homeowners to sue the Fire Department for any damage they cause while putting out house fires!

[gamewell45 258]

And I have worked EMS a lot closer to home than the middle east, where they settle things with a knife and gun

Using a knife and a gun are not accepted mechanisms to settle disputes in this country regardless where you have worked.

[Bnechis 3,961]

Using a knife and a gun are not accepted mechanisms to settle disputes in this country regardless where you have worked.

While I agree with you, there are lots of people in Jail, the ER's or the ME's office, that clearly do not.

[gamewell45 258]

While I agree with you, there are lots of people in Jail, the ER's or the ME's office, that clearly do not.

Likewise I agree. That is why most of them who do not agree are guests of the government at this time.

[PEMO3 523]

Just wondering what logic if any went into this ruling. The firefighter puts water on the driveway, the water freezes, the firefighter falls and the homeowner is liable. I am missing something here.

[gamewell45 258]

Just wondering what logic if any went into this ruling. The firefighter puts water on the driveway, the water freezes, the firefighter falls and the homeowner is liable. I am missing something here.

I think probably to have a full understanding of the issue at hand, one would need to have a copy of the court transcripts to fully see what the circumstances were as provided by both sides in the matter. Otherwise its most likely speculation on our part; tho' i admit that it would be interesting to see the rationale on why this was filed in the first place.

[Guest alsfirefighter]

Injuries are part of the job, and they will happen. I blew out a knee, but my medical coverage took care of

the resulting bills and therapy. Other than that, I totally got over it.

OK...but what if you can't work? What if your sick time is less then your normal paycheck or you had 2 jobs to survive? Then what? I was recently injured and if I had the same injury as a volunteer...I'd have been screwed. I think it is appropriate to have the ability to go after people for certain things if it caused an injury and you wouldn't be covered under normal disability (or plain workers comp for volunteers).

I love how so many put down people that sue....I used to until I was in a situation that I had no other choice but to do so to secure my rights and counter the other sides attempts to thwart those.

[PEMO3 523]

OK...but what if you can't work? What if your sick time is less then your normal paycheck or you had 2 jobs to survive? Then what? I was recently injured and if I had the same injury as a volunteer...I'd have been screwed. I think it is appropriate to have the ability to go after people for certain things if it caused an injury and you wouldn't be covered under normal disability (or plain workers comp for volunteers).

I love how so many put down people that sue....I used to until I was in a situation that I had no other choice but to do so to secure my rights and counter the other sides attempts to thwart those.

Edited February 26, 2012 by PEMO3

[jack10562 414]

This is an unusual case plus there is too little information in this news blurb for us to determine the validity of the lawsuit.

If water the fire department dispensed subsequently froze and formed a layer of ice, then clearly the homeowner is blameless.

If there was a sheet of ice pre-existing on the ground then there might be cause for a claim, in either case we don't know very much of the relevant facts.

[ny10570 745]

This decision is simply about the right to file the claim. He may ultimately lose the case. This was just about the lower courts decision to toss the case based upon state law.

[vtach39680 23]

If the homeowner didn't have insurance thur suit would never have been filed.

It's the I am not suing you but your insurance company.

[SECTMB 612]

PRICELESS

[robert benz 344]

just because you can sue, doesn't mean you should.

[helicopper 1,050]

Injuries are part of the job, and they will happen. I blew out a knee, but my medical coverage took care of

the resulting bills and therapy. Other than that, I totally got over it.

Wait a second, you were injured as an EMS worker and had to use personal medical coverage to get treatment? How come the agency didn't do it as a line of duty injury and put it through workers compensation, their insurance or municipal coverage (depending on your work environment)?

[Guest alsfirefighter]

just because you can sue, doesn't mean you should.

As usual...simply very well put Bobby.

[210 91]

OK...but what if you can't work? What if your sick time is less then your normal paycheck or you had 2 jobs to survive? Then what? I was recently injured and if I had the same injury as a volunteer...I'd have been screwed. I think it is appropriate to have the ability to go after people for certain things if it caused an injury and you wouldn't be covered under normal disability (or plain workers comp for volunteers).

I love how so many put down people that sue....I used to until I was in a situation that I had no other choice but to do so to secure my rights and counter the other sides attempts to thwart those.

I agree for "certain things". I guess we can all have an opinion on what those things are, but I have to say I beleive the scenario this thread references is a bit of a stretch. But I guess thats for the court to decide.