Saturday, October 31, 2009

Fire Law Has Moved!!!!

The Fire Law Blog has moved to a new site with more features - including podcasts and webcasts!!!

Please join us!!! 

http://firelaw.typepad.com/fire-law/

Friday, October 9, 2009

$3.2 million death settlement in Chicago

The City of Chicago just settled a wrongful death case for $3.2 million. The suit resulted from a defibrillator failure that was attributed to the fact that the batteries were not replaced every 2 years as recommended by the manufacturer. The patient died despite CPR being initiated almost immediately by his son, an off-duty firefighter.

The case raises a number of interesting issues:

1. Could the City have been found liable at trial in the absence of proof that "but for" the dated batteries, the decedent would have survived?
2. Does the City have immunity?
3. Did the City owe the decedent a duty to act, and if so was it a public duty or a special duty?

The settlement means none of these issues will be explored, but the case raises another important issue: What is the duty of other fire apparatus that do not even have defibrillators?