Sample Law Paper on Fire Service Law

In the particular event, leading to the demise of an entire ventilation team, the owner of the building is not liable for the damages. According to the fireman rule, firefighters do not have the jurisdiction to sue individual businesses and homeowners not unless there are some abnormal hazards at the scene initiated by the owners (Bennett, 2017). The owner is not to blame for the weak system as it the result of the installation of the HVAC system in the attic not an intentional modification. Similarly, the blame is not on the contractor, as they were fulfilling the terms of their contract with their premise owner. Additionally, the contractor informed the owner of the premises of the procedure that would impact the truss system, which was in line with the employers stipulations where he needed a HVAC system installed.

 

 

Nonetheless, the owner had an obligation to inform the team or command of the compromised truss system, but, their negligence is tolerable as they lacked the Knowledge to determine the procedures involved in such an event. According to Bennett (2017), the main idea of the Fireman’s rule is that firefighting personnel willing accept the peril involved in responding to such emergency events. Further, Bennett highlights that numerous states continue to amend the rule through legislation prohibiting firefighting personnel from claiming damages even in cases of evident negligence (Bennett, 2017)

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Consequently, command is to blame since the National Institute for Occupational Safety and Health indicates that Fire and Emergency Services organizations should ensure they establish Standard Operating Procedures, develop a permitting process in various structures and ensure they operate within the requirements of NFPA 1403 (Bennett, 2017). Evidently, command did not implement the safety requirement of placing another ladder for egress due to the urgency of containing the situation leading to demise of an entire team.

 

References

ennett, L. T. (2017). Fire service law (2nd ed.). Long Grove, IL: Waveland Press.