Reference no: EM132295153

Fire department liability is incredibly difficult to define concretely because there are so many variables that govern liability, and each of those variables are difficult to define. Reaching a big picture definition that is broad and clear is extremely difficulties because of the nuances of where things begin and end. California law states that fire fighters are granted immunity if injuries or fatalities are caused within the scope of fighting fires. Lavrinets (2011) argues that there is complications in defining whether or not that extends to apparatus accidents on the way to or back from these activities. In other words, defining when fighting fires starts and stops is a variable that is difficult to define and causes consternation in those looking for clear liability. Another difficulty in determining liability and immunity in concrete terms is due to the discretionary nature and split-second decision making that must be made at emergency scenes. Qualified immunity protects fire department functions at emergency scenes based on this notion, and the scrutiny occurs by a semblance of the reasonable person standard. The leaders of the organization must be cognizant of the ever-increasing litigation of their members and should craft training in ways to prevent their diminishing protections (Kistner, 2004).

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