Can I sue my city's Fire Department for failing to train to their personnel that resulted in my childs injuries?

Miami, FL Viewed 66 times. Posted 3 months ago in Personal Injury

My child suffered from injuries that resulted from the Fire Department failing provide proper care. Training records obtained via public records request indicate the Firefighters are not properly trained to the Fire Departments policies. Has this resulted in a civil rights violation or simply an 'accident' as they state? - Is this your question? Add additional information

Answers (2)

Dennis Michael Phillips

This attorney is licensed in Florida. Posted 3 months ago.

Without some more details, I can't be very specific in answering your question. For instance, I don't know what the injuries were or how they were generated. Was it the act or omission of a PERSON that caused the harm, or was it a defective piece of equipment? Was it improper use of otherwise working equipment? Who provided the equipment? Was this person a paid firefighter working for the municipality, a volunteer, a firefighter, an EMT, a paramedic, or an employee of a private entity?

The answer to your question depends on how you answer my questions above (and some others). I would also like to see what you found out about the firefighters not being properly trained. There may be an issue of negligent training, negligent hiring and retention, or negligent supervision. These types of claims are fact-specific; and I would like to know more about your claim. Feel free to post more on this cite or email me directly at dphillips@inawreck.com. I handle claims all over Florida from my office in Broward.

Dennis Phillips, Esq.
www.inawreck.com

Andrew Daniel Myers

This attorney is licensed in Massachusetts and 1 other state. Posted about 1 month ago.

Attorney Phillips' answer is right on the mark.

These are tough claims. Considering the fact that personal injury attorneys usually give a free initial consultation you should get an appointment right away.

Emergency responders are generally given broad discretion, if not an outright exemption from liability, due to the exigencies that exist under the circumstances in which they respond. This is challenge # 1.

Challenge # 2 is sovereign immunity. In the old days, this doctrine was an absolute bar to ever suing the government under any circumstances. "The King can do no wrong" was the way the saying went. However, that doctrine has largely been replaced in the last 30 years in the U.S. by various "tort claims" statutes. These laws are minefields of who can be sued, what actions are allowed and what actions are disallowed, how quickly and in what form "notice" and "presentment" must be made following the accident, and these are only a few of the many roadblocks in these cases. For these reasons I urge you to get a consultation as promptly as possible.