Legal Question in Employment Law in Maryland

Re: Unsafe working conditions

This is not my area, so this is not definitive, but here are a few thoughts. It sounds like you would have a viable negligence claim - something like negligent training. Or perhaps for improper training/exposing firefighters to harm under a stricy liability standard. (That basically means there is liability without fault because the activity is so inherently dangerous the responsible party is liable for any harm that comes from it, even if he or she is not at fault for the accident itself.)

There may be other theories of liability, perhaps under statutes that regulate firefighting, training standards, etc.

I see at least two problems with such a lawsuit, though. First, it is very expensive and time-consuming. It could take years to finish such a suit, while you are still at risk. (The cost would include extensive expert testimony on proper training - usually very expensive.) Second, if no one has actually been injured due to the training, the case might be thrown out at an early stage because it is not "ripe". Usually you can not sue to stop something that is speculative, such as a potential injury. So you may have to show that an actual law is being broken (such as a county regulation on training), in order to bring the suit.

The best approach, then, is probably negotiation. Perhaps there is a firefighters' union you can bring the problem too and have them investigate and bring a grievance or otherwise talk to the proper authorities. (If there is no union, you could threaten to bring one in unless your complaint is heardd and dealt with.) Or perhaps you and a group of like-minded volunteers could raise the issue and ask for a meeting. As leverage, you have the ability to go to the press if you are ignored - but use that as a last resort. Once you go down that road, the relationship will likely be adversarial and sour quickly.

Which brings me to the last point. No matter how you feel, try to raise the issue in a diplomatic way. Work your way up the channels and be patient. If it becomes a fight, they won't listen. But if you can make your case calmly and persuasively, showing how the other counties handle the training, perhaps you can make some headway.

If you feel you must sue, you can call the Maryland Bar Association to get a referral for an attorney who handles county negligence/strict liability suits.

Good luck, and thank you for your volunteer firefighting efforts.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

6932 Mayfair Road

Laurel, MD 20707

301.604.2497

fax: 301.776.3954

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

Re: Unsafe working conditions

Jeff provided a comprehensive analysis of many of the matters I considered. The only thing I may add to his commentary is that you may want to look at national standards for firefighter training. Focus on matters not only with firefighter training and safety but also with effectiveness with putting out fires. In this regard you may want to research whether insurance rates for fire related property and casualty losses are higher in your county. These losses may be attributable to ineffective training. This may avail you of bringing consideration before the populace who pays higher insurance rates and before the insurers who pay higher claims. Thus you rally the support of sources of money that may want to contribute to addessing the issue. Where money talks, action is taken.

Alternatively, you may want to research the issue of effectiveness with training and the effect upon saving lives or sparing injury to residents and firefighters. These results could then be incorporated into the results above and then seek the monetary support, as indicated above, to pursue a statewide standard for training. Close work with representatives within state government and politics may be needed to get a statewide standard passed.

Best of luck as you pursue a noble cause.