Fire Chief

Legal Matters

After Chief's Clipboard, the longest-running column in FIRE CHIEF is our legal column. A few years ago, we changed its name from Lex de Incendiis to Legal Matters.

Legal issues are like a fire; small ones are a nuisance, while big ones can consume the chief, the officers and the department. In fact, when we survey our readers, liability comes in just after money, personnel and training as an issue that keeps chiefs awake at night. Discrimination, sexual harassment and training accidents can complicate your job in a heartbeat.

The risk of potential lawsuits permeates the very nature of the work of firefighters and EMS personnel. A slow response, a victim's death or a building burned to the ground means that lawyers are called. In today's society, "someone" needs to be held accountable.

I recently received an e-mail from a 27-year veteran of a fire department who was disabled when his fire truck hit a passenger car, killing two. It seems from his letter that his disability is severe, with little help from "public employees retirement" and necessitating his termination. Obviously, there's more to this situation, but lawsuits are complicated and can take years to resolve.

How about the firefighter who fell from a rig when the door opened after turning a corner? The firefighter's parents are suing the department.

If a fire chief sends department members to a trade show, are they covered by department insurance if something happens to them while at a conference? Does it matter if they are in their personal vehicle versus a department vehicle? What if something happens after-hours? Do you know what your parameters are if such an incident occurred?

To answer such questions and more, FIRE CHIEF is introducing an intensive, 1½-day Legal Seminar as part of our new Keys to Leadership series.

Two of our Legal Matters columnists, Phil Stittleburg and David "Chip" Comstock — both fire chiefs and attorneys — will be on hand to discuss a variety of legal concerns. Another speaker will be James Sinclair, attorney for the Illinois Association of Fire Protection District, who will tackle problems of particular interest to smaller departments and their budgets. Discrimination and apparatus liability will also be included in this program.

This program is designed for chiefs and chief officers like you to receive answers to your legal questions. In fact, registrations are limited to allow interaction with the speakers. To learn more about the seminar, click here.

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