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THE FIREFIGHTER Q: While responding to a fire at a single-family home, I needed to escape – but
could not because of a blocked interior staircase. At the time of the fire, the homeowner
was living elsewhere because the home was under repair, although she had occupied it
shortly before. The owner had contracted with someone to repair the roof. In turn, the
contractor had hired subcontractors. According to the fire incident report, the fire
originated in combustible roofing material, and the cause was the reckless use of an
open flame.
A: General Municipal Law § 205-a provides a right of action for firefighters
where the negligence of any person in failing to comply with the requirements of any
governmental statute, ordinance or rule causes the firefighter’s injury or death in the
line of duty. In addition, General Obligations Law § 11-106 gives firefighters a cause of
action in negligence for injuries suffered while in the line of duty (although not against
municipal employers and fellow workers).
With regard to the contractor and subcontractors, it is necessary to identify
the3 statutes, ordinances or rules that have been violated. A rough sense can be
gathered from the Fire Code of the New York City Administrative Code. In particular,
under section 1417.4, it is unlawful to install any roofing material using a torch on a roof
of combustible construction, or otherwise engage in roofing operations on such roofs
using hot work equipment. Similarly, under section 2605.7(2), it is unlawful to conduct
torch-applied roof-system operations on such roofs.
As for the homeowner, given that she resided in the house shortly before the
time of the fire, she seemingly would have had actual or constructive notice of the
blocked staircase which contributed to your injuries. Thus, you appear to have a strong
case against the homeowner, too – sounding in common-law negligence.
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