Wednesday, September 24, 2014

Bad Lawsuit

An FDNY firefighter has filed suit against a homeowner after he allegedly was injured in a basement fire.
Firefighter Andrew Cannon's suit claims he suffered a shoulder injury while at the Staten Island home three years ago, according to NBCNewYork.
The fire started in the basement when a paint can was placed too close to a furnace, the station reported.
Lawsuits against homeowners by firefighters aren't that rare in the New York, New Jersey area either.
“It only takes one injury to destroy a firefighter’s career,” Attorney Peter Gleason told reporters. “Firefighters have to reasonably be able to protect themselves."
Years ago, homeowners were protected from such suits by something called the “Firefighters Rule,” which said firefighters assume a risk when they report to a fire, and cannot sue afterward. But that rule was abolished in the 1960s, when several Bronx landlords were charged with burning down their buildings to collect the insurance money, the investigative team wrote. 
"Firefighters were getting severely injured and in many cases dying,” Gleason said. “It was decided that there needed to be more avenues for retribution.”
It would be one thing if the owner set the fire on purpose or tried to hurt the firefighter on purpose.
But there was no malice intended by the owner when the fire started and it appears to be an accident.
The firefighter chose his profession and knew there are risks when they go to a fire scene.
There is already a remedy for the firefighter- workman's compensation and disability payments.
This lawsuit needs to fail so that firefighters will not be able to sue if they get hurt on a fire scene. 
If the law suit succeeds, every time a firefighter stubs their toe, they might end up suing property owners and this will cause homeowners/renters insurance to skyrocket.
Just a bad lawsuit.

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