Legal Question in Civil Litigation in Pennsylvania
Volunteer Fire Department
A volunteer fire department took 1/2 hour to arrive at a fire. By the time they arrived, the house was destroyed. Is the fire company liable?
2 Answers from Attorneys
Re: Volunteer Fire Department
You asked about fire department liability in damage to a home.
While I don't cotton to Jay's position, a suit against a volunteer fire department would be futile, and very likely misguided.
Your homeowner's insurance policy already prices in the fact that you are served by a volunteer department. Moreover, how could a volunteer agency possibly insure against such losses? Further, most volunteer fire departments are immune from suit as they are an agency of the state. So unless there was demonstrable malice or discrimination in your circumstance then you are out of luck. Also, remember who bears the burdens of the volunteer department. That's right, the taxpayers. You. How much do you think you'd have to pay in taxes to cover the inadequacy of a volunteer fire department?
Lick your wounds, salvage what you can and be glad everyone got out safely.
Regards,
Roger
Re: Volunteer Fire Department
Fire-fighters are among the bravest and most honorable people on the face of the earth. Volunteer fire-fighters are, in some ways, even a step above. Their goal in this case, as in every case, was to help - to save lives, to save property, to render aid to those who needed it. If, despite their efforts, they were unsuccessful in failing to save a house, it is unfortunate. But the very idea of filing a lawsuit against them runs contrary to all logic. I suspect that any such suit would be received by the courts with horror, be immediately dismissed, and any attorney who filed it potentially be subject to sanctions and defense attorney fees for frivolous litigation.