Legal Question in Civil Litigation in North Carolina

my rights to sue the county for my personal losses

Several years ago we were given a street address instead of our route and box number '' so the 911 system could find us in case of an emergency''. August 15,2003, we had that emergency in the form of a house fire. I called 911 and gave the operator my assigned address. I hung up with 911 and proceeded to try and get my pets out of the house. The smoke got to me and I went back outside. I then remembered that our address says we live on one street, when in reality we live two unnamed roads away from that street. I tried to call 911 back, but by then the phone lines had burned in two and I was stranded with no way to get in touch with anybody. By this time, I was hearing the fire trucks going back and forth on the named street searching for me. Understand that I live about 5 miles from the fire department. Needless to say, that by the time they had triangulated on the smoke and found me, there was nothing left of my home, my pets, and all my worldly possessions except for what I and my husband had on our backs.

My question is: Do I have any recourse or legal rights to sue the county for any or all of my losses?


Asked on 5/21/04, 6:49 pm

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: my rights to sue the county for my personal losses

I have not specifically researched several legal issues raised by your situation. You probably want to consult a lawyer with more details. My initial reaction is that you do not have a claim. First, there is a doctrine called the "public duty doctrine," which generally holds that the government is not liable to an individual for failing to properly execute its duties. This is typically applied to police officers who fail, e.g., to rescue or save somebody. Second, there is governmental immunity. (Third, there are some specific immunities for fire departments, but I'm not sure if it applies to your situation.) Finally, although it is understandable that under the circumstances you would have told 911 the street address (instead of saying 2 streets back), they will certainly say that they went to the address where assistance was requested. Of course, if you have homeowner's insurance, that may cover some of your losses. You may want to consult a lawyer in your area with more details.

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Answered on 5/21/04, 10:14 pm


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