December 15, 2005
Injured Firefighter Suing Land Owner
"Mark Keller, who also is a Burleigh County sheriff's deputy, was one of three firefighters injured when they were surrounded by fire and their truck stalled while they were battling a grass fire on April 8 north of Bismarck.
Keller spent two months at a Minneapolis-area hospital after suffering second- and third-degree burns while fighting the fire.
His attorney, Tom Dickson of Bismarck, said Keller's injuries are because of the landowner's negligence. He said the landowner is a North Dakota-owned corporation. He said a worker started the fire on the farm land to burn tree stumps.
"Dickson said Keller's medical bills are around $500,000.
A South Central District Court judge will decide within 90 days if the case will go to a jury. Dickson said the lawsuit was filed this week.
A so-called "Fireman's Rule" precludes firefighters and police officers injured on private property from suing the property owners for negligence.
"It's really an archaic 19th century rule of law," Dickson said. The rule has been challenged in several states, he said.
"It's an immunity defense," Dickson said. "It's never been addressed in the Supreme Court here."
Information from: KXMB-TV via Grandforks.com
My take:
Wildland firefighters are often confronted with a decision whether or not to protect a structure not conforming to the Uniform Fire Code concerning vegetation clearance requirements.
I maintain that homeowners not conforming to local, state or federal fire codes should be held liable for injuries to fire personnel who are hurt responding too or suppressing the fire.
I see a day soon when homeowner/landowner insurance policies will be cancelled for not complying to these ordinances. It's only right. Once a homeowner loses their insurance, which pressures their mortgage, they will make the proper modifications to the property.
I hope Mark Keller prevails in the North Dakota Supreme Court.
Keller spent two months at a Minneapolis-area hospital after suffering second- and third-degree burns while fighting the fire.
His attorney, Tom Dickson of Bismarck, said Keller's injuries are because of the landowner's negligence. He said the landowner is a North Dakota-owned corporation. He said a worker started the fire on the farm land to burn tree stumps.
"Dickson said Keller's medical bills are around $500,000.
A South Central District Court judge will decide within 90 days if the case will go to a jury. Dickson said the lawsuit was filed this week.
A so-called "Fireman's Rule" precludes firefighters and police officers injured on private property from suing the property owners for negligence.
"It's really an archaic 19th century rule of law," Dickson said. The rule has been challenged in several states, he said.
"It's an immunity defense," Dickson said. "It's never been addressed in the Supreme Court here."
Information from: KXMB-TV via Grandforks.com
My take:
Wildland firefighters are often confronted with a decision whether or not to protect a structure not conforming to the Uniform Fire Code concerning vegetation clearance requirements.
I maintain that homeowners not conforming to local, state or federal fire codes should be held liable for injuries to fire personnel who are hurt responding too or suppressing the fire.
I see a day soon when homeowner/landowner insurance policies will be cancelled for not complying to these ordinances. It's only right. Once a homeowner loses their insurance, which pressures their mortgage, they will make the proper modifications to the property.
I hope Mark Keller prevails in the North Dakota Supreme Court.
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Had he been making a decision whether or not to protect a structure that was not sufficiently cleared, I would strongly agree with what you said. However, I have been trying to get the details and so far I have determined that the crew was attacking the head of the fire from the green side at the top of the hill without full PPE. He was not wearing a coat or helmet and I cannot find any mention of a fire shelter. The property he was protecting- as far as I can tell- was only more grass.
# posted by 
: December 23, 2005 4:20 PM
: December 23, 2005 4:20 PM
I appreciate the comment. I have no knowledge of the particulars of Mark Keller's case. I hope he prevails in any case.
My comment had to do with the ongoing problem of homeowners who residing in the urban/rural interface who do not comply with prevailing fire codes.
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My comment had to do with the ongoing problem of homeowners who residing in the urban/rural interface who do not comply with prevailing fire codes.
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