FIREFIGHTER LINE OF DUTY DEATH: NOW A LAWSUIT

The surviving widow of Buffalo FD Lt. Charles W. "Chip" McCarthy Jr. filed a lawsuit in NY State Supreme Court yesterday against the City of Buffalo, the Mayor, the former Fire Commissioner and the owners of the building where her husband died in the Line of Duty at the below fire (See NIOSH Report Below) in August 2009.

Her Attorney, Thomas H. Burton said that while a "significant" monetary penalty is expected against all the defendants, the main intent of the suit is "hopefully to enable the city to avoid another coffin on a fire truck" by toughening city codes and fire scene protocols. Attorneys representing the family of Firefighter Jonathan S. Croom, who also died in that fire, are planning to file a similar suit.

 

Mr. Burton said the lawsuit, which cites alleged code violations at the now-destroyed building, "will also serve as a wake-up call to business owners who don’t follow all applicable building and fire codes."

In addition to accusing the building owner of numerous building and fire code violations, Mrs. McCarthy’s suit accuses the city of improper inspection of the building and the BFD of inadequate firefighting safety procedures. The suit further accuses the city of failing to enforce a so-called "2 In, 2 Out Rule" and failing to always have an "accountability or safety" officer on duty at the scene of a burning building to keep track of firefighters entering and leaving the structure. The suit also accuses the Fire Department of failing to enforce the so-called the "buddy system during interior firefighting operations."

HERE is the NIOSH Report on that fire: http://www.cdc.gov/niosh/fire/reports/face200923.html

 

NOTE: This is just another of several lawsuits recently filed toward fire officers of EVERY rank, not just Commissioners or Chiefs but Company Officers (Sgt’s, Lt’s and Captains) and Training Officers as well.

 

FIRE SERVICE LEGAL CONCERNS?

CHECK OUT: http://firelaw.typepad.com/fire-law/ That’s Chief Curt Varone’s blog with the latest "fire law" information. Curt will be joining us along with Fire Chief/Attorney Chip Comstock this year at FDIC on Monday (3-21-11) for the workshop:

"Fire Fighter and Fire Officer Survival: Why Things Go Right and Why Things Go Wrong"

MORE HERE: www.FDIC.com