What is the Fire Chief's Responsiblilty As Far As Liability?

Good day,

 

As a current Fire Chief I am always challenged when I tell our department that I am responsible for everything that happens when the fire department is active in fire suspension, training, building matenance and all other items and if something goes wrong (ex. someone leaves the building with an apparatus while I'm on vacation in Hawaii and kills someone) that  I am still responsible and they argue that point.

 

How and where can I prove that I am correct in this matter and it has to be in black and white?

 

Desprite.

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Permalink Reply by Jack/dt on April 6, 2011 at 10:41am
Permalink Reply by Curt Varone on April 6, 2011 at 11:23am
Chief

Wow, I am suprised to hear that people would honestly believe you are NOT responsible for what happens. My question to them is how is the chief NOT responsible?

To answer your question - the fire chief's duties are usually spelled out in the organization's policies and procedures. Some responsibilities may also come from state and local laws.

In addition, at the heart of the law of negligence is the concept that we must act as the reasonably prudent person would act if they were in our position. In the case of a fire chief, that would mean the fire chief is required to act as the reasonably prudent fire chief would act under the circumstances. If someone is killed or is injured, or if property damage occurs because the fire chief failed to act as the reasonably prudent fire chief would have acted under the crcumstances, the chief may be liable for damages.

Fortunately chiefs do have some defenses to such a lawsuit - but the important point is that the failure of the chief to do what he/she should do - can create liability. The chief may also be sued in his capacity as chief for the negligence of subordinants, althought he would not be personally liable... that's a long and involved story for another time.

As for it being "black and white"... tell the naysayers to follow my blog at firelawblog.com and they can see case after case of lawsuits, criminal charges, OSHA citations, and disciplinary actions that result when firefighters fail to do the right thing.
Permalink Reply by Jack/dt on April 6, 2011 at 11:30am
Dale,

I think the larger issue here is; How the hell do you manage to go to Hawaii?
Permalink Reply by Bill Carlisle on April 6, 2011 at 12:15pm
Even though the chief is on vacation in Hawaii (lucky dog) would it be safe to say not only him,but the assistant chief or officer in charge at the time of incident is also responsible ?
Permalink Reply by Clay Reynolds on April 7, 2011 at 5:25pm
Besides what the laws dictate as to your liability I expect my officers to run the scene and department when I'm gone as if as I was there or as close to it as I would. Training and officer meetings help to ensure this. If they don't believe that your liable for something going wrong ask them that if something did go bad who would they look to first, exactly the white hat!
Permalink Reply by Dale Barker on June 11, 2011 at 9:15am
Clay,

My problem is here that the direction given to our members is not the same as it would be when I'm here.

Dale
Permalink Reply by Dale Barker on June 11, 2011 at 9:17am
Bill,

I agree with that comment but people don't understand anything outside of our area.

Dale
Permalink Reply by Dale Barker on June 11, 2011 at 9:17am
Jack,

I am lucky if I get out of NY let alone the US.
Permalink Reply by Dale Barker on June 11, 2011 at 9:19am
Curt,

I took some of the information that a lot of individuals gave me and I still am having no luck in convincing members of the responsibility.

Chief
Permalink Reply by Ben Waller on June 11, 2011 at 9:39am
What Curt said.

Additionally, the chief can help with liability policies by spelling out the chain of command that includes defining who is in charge in his absence, and the duties, responsibilities, and limits on the acting chief.

Spelling that out can be defined in policy by position (Deputy Chief of Operations is in charge in the Chief's absence) or it can be spelled out in a case-by-case memo. (The Chief will be in Hawaii from June 11 through July 1. In my absence, Deputy Chief John Doe will be in charge of the fire department.)

But yes, the chief is responsible, regardless.
Permalink Reply by Alim Ahmetov on June 11, 2011 at 2:18pm
Your responsibility is great, Mr. Dale, and you are ready to carry it. I wish you the best with what and with whom you deal. I wish everybody to meet only such chiefs while their service.
My best regards,
Permalink Reply by Ben Waller on June 11, 2011 at 6:15pm
Do you have written policies, procedures, and SOGs and train everone on them until it doesn't matter who is in charge?

If not, getting there is probably a good starting point.

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