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Welcome to the 2012 Leadership Development Symposium. Speaker _________________________. JIM JUNEAU Products Liability Trial Lawyer FAMA Legal Counsel FEMSA Legal Counsel NFPA Fire Apparatus Technical Committee NFPA Technical Committee on Ambulances
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Welcome to the 2012 Leadership Development Symposium
Speaker_________________________ JIM JUNEAU Products Liability Trial Lawyer FAMA Legal Counsel FEMSA Legal Counsel NFPA Fire Apparatus Technical Committee NFPA Technical Committee on Ambulances JUNEAU, BOLL, STACY & UCHEREK, PLLC A T T O R N E Y S & C O U N S E L O R S D A L L A S, T E X A S ( 9 7 2 ) 8 6 6 – 8 3 3 3
Scope of the Problem • MVAs – 2nd leading cause of FF LODDS (behind heart attacks) !! • About 15,000 fire apparatus accidents each year !! • About 5,500 “lost time” FF injuries each year !! • Estimated Annual Cost in U.S. = $7-8 BILLION !!
USFA Fatality Statistics • Last year (2011), good news… • 81 TOTAL U.S. Firefighter LODDs • 4th consecutive year of total LODD decline. • Lowest LODD total in past 15 years. • 2011 LODD Statistical Breakout… • 48 LODDs (59%) Heart Attack / CVA • But only 3 LODDs (4%) from MVAs! • Dramatic reduction in MVA related LODDs in past 3 years!
USFA Fatality Statistics FF LODDs – Responding/Returning • 2002 26/102 26% • 2003 29/107 27% • 2004 22/117 19% • 2005 26/115 22% • 2006 24/104 23% • 2007 26/115 22% • 2008 24/118 21% • 2009 16/93 17% • 2010 16/87 18% • 2011 3/81 4%
Fire/EMSLaw School • THE LAW • THE STANDARDS OF CARE • THE REAL WORLD
The Law • You are always personally responsible for your own conduct. • Sometimes you can also be held personallyresponsible for the conduct of others under your control.
The Law • Employers are also held responsible for their employees’ conduct, when acting in the course and scope of their duties. • All can be held jointly & severally liable at the same time, in the same case, for the same injury!
The Law • NEGLIGENCE Failing to act as a reasonable person would have acted, under similar circumstances. • JURIESDETERMINE WHAT IS REASONABLE AND WHAT IS NOT!
The Law • 1. Do you find from a preponderance of the evidence that the negligence of any of the following was a proximate cause of the occurrence in question? Answer Y or N. • Vinnie Victim _____ • Freddie Fireman _____ • Danny Driver _____ • Marvin Mechanic _____ • Chief Careless _____ • City of Dimview _____
The Law • 2. What percentage of responsibility do you attribute to the conduct of each of the following persons? Total must equal 100%. • Vinnie Victim _____ • Freddie Fireman _____ • Danny Driver _____ • Marvin Mechanic _____ • Chief Careless _____ • City of Dimview _____ 100%
The Law • 3. What sum of money if paid now, in cash, would fairly and adequately compensate VINNY VICTIM for the damages sustained as a result of the occurrence in question: • Medical Expenses (Past) $___________ • Medical Expenses (Future) $___________ • Lost Wages (Past) $___________ • Lost Future Earning Capacity $___________ • Physical Pain and Mental Anguish $___________ • Physical Impairment $___________ • Disfigurement $___________ • Loss of Consortium $___________ • Lost Enjoyment of Life $___________ • Punitive/Exemplary Damages $___________
The Law • If they put a “YES” by your name in response to the first question… The rest of it is a DOWNHILL RIDE!
Standards of Care • How would a jury know what conduct is reasonable? • City or Department’s own Policies & Procedures. • Nationally Recognized Standards. • Learned Publications & Peer Reviewed Articles. • Expert Witness Testimony. • Their Own Common Sense.
Standards of Care • Your own Policies & Procedures define the limits of your official discretion. • Nat’l Std’s – may be voluntary but… • Many states require compliance by law. • In Court – National Standards RULE!
The Real World JUDGMENT CALLS: • What is the benefit of my actions ? • What is the risk ? • Is it worth it ?
The Real World • If you want to get into BIG TROUBLE fast – • -- just bust through an intersection. • “Statutory authority to disregard traffic laws does not relieve the operator of the obligation to drive with due regard for the welfare and safety of others !”
The Real World • Johnston, RI Engine 3 enters intersection against red light in response to box alarm • Broadsides car that entered intersection on green light • 11 yo child passenger killed. 3 belted FFs uninjured.
The Real World • Engine driver relied on opticom system to capture intersection. • “You didn’t hear the truck slow down or tires screech before the impact. The fire truck just plowed into that car. It just didn’t stop.” • Call was “false alarm” • We can’t just crawl to calls we are unsure about. We have to assume every call is a real emergency!
The Real World • Baltimore Truck 27 is 3rd of 4 BFD apparatus responding to “smoke” call. • 3:00 a.m. – 47 MPH through intersection RED light -- 8 seconds behind medic unit. • Collided with Nissan SUV that had entered the intersection on a GREEN light. • Truck traveled another 100’ & went off-road into landscaped embankment.
The Real World • 4 FFs on Truck 27 treated & released w/minor injuries. • 3 civilian occupants of SUV were all killed instantly. • BFD policy requiresFULLSTOP at all negative ROW intersections. • FF Driver charged w/ negligent homicide & fired.
The Real World • FF Driver w/BFD for 3 years – new to driving fire trucks. • BFD statement to media: • “[Driver’s] inexperience with that vehicle was not likely a factor in the crash because the truck was not making a sharp turn.” • HUH? • What about excessive SPEED ? • What about FULL STOP policy ? • What about exercising DUE CARE for safety of others ?
The Real World • Fairfield, OH ladder truck sped through RED light without stopping • Collided w/ passenger vehicle in intersection • 73 year-old civilian grandmother killed
The Real World • Criminal Charges Filed • Felony Vehicular Manslaughter • Failing to Exercise Due Care in Public Vehicle • FF & Department will face civil liability too!
The Real World • Criminal Charges? • Ellendale, DE FF charged w/ Negligent Homicide in death of citizen motorist • Driving engine to alarm – slowed, but did not stop, before entering negative ROW intersection • Collided with SUV & killed 84 yo local business owner
The Real World • More Criminal Charges? • A Grand Traverse, MI FF charged w/ Negligent Homicide in collision death of 28 yo mother and her 11 mo old son • Calif. USFS wildland Fire Boss charged with Involuntary Manslaughter in deaths of 4 FFs when he failed to recall crew, allowing their escape path to be cut-off • Tucson, AZ FF/Engineer charged w/ Negligent Operation & Failure to Control Speed after entering negative ROW intersection, swerving to avoid vehicle, & rolling engine • Leland, NC FF charged w/ Failure to Yield & Equipment Violations after entering intersection without stopping, colliding w/ pickup, sending 4 civilians to hospital
The Real World • Prince Georges Co., MD FF charged w/ Negligent Operation & Speeding when apparatus struck & killed woman and young son in intersection. • New Dundee, Canada FF charged with Negligent Homicide & Reckless Operation after striking citizen who was assisting victims at scene of another crash. • Las Vegas, NV FF charged with Reckless Operation & Speeding in single-vehicle ladder truck rollover that rendered his Captain a quadriplegic. • Kennett, MO FF charged w/ 2 counts of Involuntary Manslaughter for failing to stop at stop sign, causing death of his patient and the other driver.
The Real World • New Dundee, ON – 25yo FF sentenced to 6 months house arrest, license revocation & 3 years probation after approaching accident scene at 72mph & fatally injuring bystander when he couldn’t stop in time. (Caught speeding again 2 weeks before his trial.) • Union, NC – 41yo FF cited for passing in no-passing zone & vehicular homicide after colliding w/left-turning citizen vehicle while passing a line of cars enroute Code 3 to medical call. 76yo grandmother, returning from church, died instantly in her own driveway. • Portage Fire Dist., OH – 41yo FF charged w/2 counts of manslaughter & vehicular assault after colliding with citizen vehicle at 98mph enroute Code 3 to structure fire. 2 citizens killed. Could receive 7 years in prison.
The Real World • Some Jail Time too ! • Ava, MO FF sentenced to 3 years in prison for Voluntary Manslaughter after striking another vehicle head-on while speeding to a brush fire, killing the driver. • Houston, TX FF sentenced for Negligent Homicide for killing a 40yo mother of 5 in an intersection collision while speeding to a brush fire: • 30 days in jail immediately, plus • Christmas Day in jail for 6 years, plus • Victim’s birthday in jail for 6 years, plus • 6 years probation • Bathurst, New Brunswick FF gets 18 months house arrest & 3 year DL suspension for running red light during code 3 run, killing teenager.
The Real World • And Civil Liability Too? • Memphis, TN – FF/medics sued for $33 million when EMS unit left roadway and struck tree killing patient. Victim’s husband, following behind, saw accident. • Grand Traverse, MI – Fire Dept. pays $2.2 million to man whose wife & infant child were killed in intersection collision w/ fire truck • Virginia Beach, VA – Apparatus driver sued for $5.5 million by family of man killed when engine crossed center stripe to avoid traffic & collided head-on. • Queens, NY – Father recovers $3 million from FDNY for the death of his 3yo son struck by speeding ambulance responding wrong way on one-way street. • Waterbury, CT – 2 FF/drivers sue each other for injuries sustained in intersection collision between 2 pumpers that killed Capt.
The Real World • Louisville, KY - EMS driver sentenced to 10 years in prison for driving ambulance while high on methadone, causing an accident in which the patient was killed & her EMT/partner was injured. • Call was initially to transport a non-emergency female patient with uncontrolled nosebleed to the hospital ER.
The Real World • Ambulance left roadway, struck & severed utility pole, crossed drainage ditch, crossed adjacent street, crossed another drainage ditch, hit earthen berm, went through chain link fence & finally stopped in a yard. • EMT/Driver plead guilty to 2nd degree manslaughter, assault, reckless endangerment, criminal mischief & DUI. • Eyewitness driving behind EMS unit said that ambulance had been swerving severely for at least ½ mile before the accident.
The Real World • Driver had bad driving history & had rec’d 19 new pain med. prescriptions in past year. • Earlier during call, her EMT/partner texted the on-duty EMS supervisor: EMT: “You should see her. She’s loopy!” SUP: “OK to drive?” EMT: “Her? No.” SUP: “Turn off lights/siren & proceed Code 1.” • Supervisor started action to take EMS unit out of service, but accident occurred first.
The Real World • Unbelievable? • Every year, 5-10 U.S. apparatus incidents involve an intoxicated firefighter-operator! • INTOXICANTS AND EMERGENCY SERVICE DON’T MIX - EVER!
The Real World JUDGMENT: • Is it worth losing your job over? • Is it worth losing your freedom over? • Is it worth losing your savings over? • Is it worth losing your life over?
