Types of Negligence Claims Firefighters Can Bring Under GML § 205-a
For many years, New York’s “firefighters’ rule” restricted injured firefighters from filing personal injury claims and seeking compensation, even if their injuries resulted from negligence. Firefighters were deemed to have assumed the inherent risks that come with their dangerous profession. Recognizing the unfairness of this rule, New York enacted General Municipal Law (GML) § 205-a, which introduced an important exception to the firefighter’s rule.
Under GML § 205-a, firefighters are allowed to file negligence claims when their injuries arise from another party’s failure to adhere to a statute, ordinance, rule, or regulation. This law aims to hold negligent parties responsible when statutory violations make already dangerous situations even more dangerous. Even if the fire itself is not connected to the code violation, GML § 205-a allows a firefighter to pursue a personal injury claim if the violation increased the risk of injury.
Below, we share some of the most common types of negligence claims that firefighters can pursue under GML § 205a.
1. Building Code Violations
Building codes are established to make sure buildings are safe for both occupants and emergency responders. A common situation that gives rise to personal injury claims is illegally constructed internal walls or structural modifications that collapse during a fire. If a property owner had added walls, partitions, or load-bearing structures without following the relevant building codes, and that illegal construction contributed to a firefighter’s injury, the violation may provide the legal grounds for a negligence claim.
2. Fire Code and Safety Rule Violations
Fire codes and safety regulations exist to prevent the spread of fires and minimize the dangers faced by first responders. When these rules are disregarded, it is often the firefighters who suffer the consequences. Examples of fire code and safety rule violations that can increase the risk of injury to firefighters include storing combustible materials improperly near ignition sources and blocking fire access points. If a firefighter sustains injuries because a property owner failed to comply with fire prevention regulations, that violation can support a § 205-a claim.
3. OSHA and Labor Law Violations
Firefighters frequently get injured in buildings or facilities that are subject to workplace safety laws. Violations of OSHA regulations or New York Labor Law provisions can support a 205-a claim if the unsafe conditions increased the danger during firefighting operations.
4. Property Maintenance Code Violations
Property maintenance laws mandate that owners maintain their properties in a reasonably safe state. When property owners neglect their responsibilities, it may lead to dangerous conditions. Common violations include failing to adequately secure handrails, allowing stairs or floors to deteriorate, leaving debris or obstructions in walking areas, and failing to repair uneven or broken surfaces. If hazards violate a maintenance or housing code, and the violation contributes to an injury, a firefighter may have the right to pursue a claim under § 205-a.
5. Vehicle and Traffic Law Violations
If a firefighter is injured in a vehicle accident while responding to or working at an emergency scene on a roadway because another driver violated New York’s Vehicle and Traffic Law, for example, by failing to yield to an emergency vehicle, that violation may support a § 205-a claim.
Contact Us for Legal Help
If you’ve been injured in the line of duty and a statutory violation played a role, contact our experienced Long Island first responder lawyers at Jacobson Law for help determining whether you can file a claim under § 205-a and for guidance on how to pursue compensation.
Source:
nysenate.gov/legislation/laws/LAB
