Letters to the Editor

Issue 2 and Volume 135.

Letters to the Editor departments Fire Service Lawsuits Fort Barry, Sausalito, Calif. The advent of lawsuits against fire departments is not a new phenomenon. Rather, it is the beginning of negligence recovery, from the erosion of the sovereign immunity defense, that has occurred. The historical position, that “the fire department can do no wrong,” is quickly being eroded. Contrary to your finding, “There seems to be widespread feeling that whenever something unfortunate happens to someone — even if it is his own fault — someone else must pay for it,” the unfortunate victim will not find universal recovery in suing the fire department. Rather, when the fire department exacerbates the victim’s injuries they will be held accountable. This is no different than for the common man. Judgment avoidance is generally easy. Perform one’s duties in a professional manner, as a reasonable and prudent fire fighting professional would. The courts, generally,…

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