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Is the firefighter who slipped on tile really sue-happy?

This story opens debate to the larger problem of firefighters losing money due to on-the-job injuries

The story out of Florida of a firefighter who is suing a homeowner because he slipped on stair tile has drawn a great deal of comment. That is not surprising; the story is very out of the ordinary.

Firefighters don’t typically sue those they protect.

The court of public opinion ruled heavily against the suing firefighter. The commentary, much of it very harsh, pegged him as greedy. The firefighter did not comment in the story, so any speculation on his motive is just that — speculation.

My initial reaction was that this type of suit would not be good for the fire service. But reading some of the other comments, made me reconsider.

In short, the firefighter was responding to a structure fire where the homeowner fell asleep with food on the stove. While on scene, the firefighter fell on the stairs he said were covered in slippery tile.

Florida law gives emergency responders the same right to sue homeowners as it does civilian visitors to a home. The law has been used before; at least once disastrously by a police officer. The firefighter’s lawyer sued for all of the things lawyers typically sue for: lost wages, pain and suffering, legal fees, etc.

For argument’s sake, let’s assume greed is not a motive. Let’s assume the firefighter had some out-of-pocket medical expenses not covered by insurance. Let’s assume that if a workers’ compensation claim was filed he received only 60 percent of his wages.

This opens the larger question of should firefighters, medics and police officers have to pay for injuries they suffered serving the public? Personally, a 40 percent cut in my income, even if only temporary, would hurt.

It also opens the question of should homeowners bear more responsibility beyond paying taxes for their actions? In this case, the homeowner fell asleep with food on the stove.

Whether or not the tile in Florida was actually slippery, this case sheds light on the fact that firefighters who are hurt on the job also face financial pain.

Suing homeowners is probably not the best answer, certainly from a public relations standpoint. Yet if the existing systems fail to protect wounded firefighters, lawsuits may be the only recourse.

Rick Markley is the former editor-in-chief of FireRescue1 and Fire Chief, a volunteer firefighter and fire investigator. He serves on the board of directors of and is actively involved with the International Fire Relief Mission, a humanitarian aid organization that delivers unused fire and EMS equipment to firefighters in developing countries. He holds a bachelor’s degree in communications and a master’s of fine arts. He has logged more than 15 years as an editor-in-chief and written numerous articles on firefighting. He can be reached at Rick.Markley11@gmail1.com.