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Category: Negligence

Failure To Include Video, Photos In Record Results In Termination Being Upheld

March 17, 2022
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| Categories: Negligence, Public Safety Labor News, Termination, Untruthfulness

Sheila Kalina was a deputy sheriff for Cook County, Illinois. The Sheriff charged Kalina and three other deputy sheriffs with various infractions of departmental rules arising out of an incident where two male prisoners sexually assaulted a female prisoner. Kalina, who was working in the Markham courthouse, was charged with improperly allowing the male prisoners to enter a restroom being used by the female prisoner, falsifying a Prisoner Safety…

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Immunity Bars Officer’s Suit For Canine Bite

February 11, 2022
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| Categories: Liability, Negligence, On-Duty Injury, Public Safety Labor News

Juan Mata is a police officer with the City of Bangor, Michigan. Mata was injured when the police K-9 working with a Van Buren County deputy sheriff injured him during the arrest of a flee­ing subject. Mata and his wife sued the County and the deputy sheriff, alleging that the County was liable as the owner of the dog and that the deputy was liable because of his gross…

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A Small Dent In The ‘Firefighter’s Rule’

July 24, 2020
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| Categories: Firefighter’s Rule, Negligence, Public Safety Labor News

A little-known feature of civil law is something known as the “Firefighter’s Rule,” sometimes referred to as the “Professional Rescuer Rule.” The Rule has different formulations in each state, but its essence is that firefighters and law enforcement officers are barred from bringing lawsuits against those whose conduct has injured them. The Rule has its roots in court decisions that date from the early 1900’s. Originally, the Rule was…

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Firefighters’ Immunity From Driving Liability Does Not Violate Constitution

July 25, 2011
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| Categories: Negligence, Public Safety Labor News, Vehicles, Workers’ Compensation

On May 19, 2007, two fire trucks from the city of Waterbury, Connecticut were among other fire rescue vehicles responding to a report of a kitchen fire on Eastern Avenue in Waterbury. Joseph Fischetti operated Engine 12 while John Keane rode in the front passenger seat. William Mahoney operated Truck 1. As the two trucks approached the intersection of East Aurora Street and the Route 73 connector to Route…

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Firefighters’ Immunity From Driving Liability Does Not Violate Constitution

July 20, 2011
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| Categories: Liability, Negligence, Public Safety Labor News

On May 19, 2007, two fire trucks from the city of Waterbury, Connecticut were among other fire rescue vehicles responding to a report of a kitchen fire on Eastern Avenue in Waterbury. Joseph Fischetti operated Engine 12 while John Keane rode in the front passenger seat. William Mahoney operated Truck 1. As the two trucks approached the intersection of East Aurora Street and the Route 73 connector to Route…

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Ohio Court Limits ‘Fireman’s Rule’

May 1, 2009
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| Categories: Firefighter’s Rule, Negligence, Public Safety Labor News, Safety

Though several states have abandoned it, Ohio still follows what it refers to as the “fireman’s rule.” As Ohio phrases it, “the fireman’s rule is a principle that limits a landowner’s duty to police officers and firefighters in certain circumstances. It provides that an owner or occupier of private property can be liable to a firefighter or police officer who enters premises and is injured in the performance of…

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