By George Woods Jr.
Municipal fire departments perform essential public safety functions that frequently require rapid decision-making under hazardous conditions. While many jurisdictions afford fire departments and their personnel certain statutory immunities, those protections are not absolute. Legal liability may arise when actions or omissions are alleged to fall outside the scope of immunity, involve negligence or violate established standards of care.
Here we’ll examine legal liability risks associated with three operational areas of particular concern for public fire departments: patient transport, assisting patients in tight or confined spaces (such as bathrooms) and entering traffic intersections during emergency responses.
General legal framework
Municipal fire departments generally operate as governmental entities, and their employees act as agents of the municipality. Liability exposure typically arises under tort law, including claims of negligence, gross negligence or wrongful death. While sovereign or governmental immunity may shield municipalities and their employees from certain claims, immunity often does not apply where conduct is reckless, willful or outside statutory protections. Additionally, immunity statutes frequently distinguish between discretionary acts (which are often protected) and ministerial acts (which may not be). Fire departments must therefore ensure that personnel adhere to established policies, recognized professional standards and applicable statutes. Failure to do so can expose both individual responders and the municipality to civil liability.
Patient transport liability
There are two primary types of patient transport liability:
Duty of care during transport
When a fire department undertakes patient transport, whether through an EMS division or as a first responder assisting another agency, it establishes a duty of care to the patient. This duty includes providing care consistent with the responder’s training, protocols and accepted medical standards. Liability may arise if a patient is injured during transport due to improper lifting techniques, failure to secure the patient to a stretcher, inadequate monitoring or delayed transport. Claims often allege negligence, asserting that responders failed to act as reasonably prudent professionals under similar circumstances.
Vehicle operation and transport decisions
Patient transport also involves liability related to vehicle operation. Excessive speed, failure to use restraints, or improper use of lights and sirens can increase the risk of accidents. While emergency vehicle statutes may permit certain traffic exemptions, these exemptions are typically conditioned on operating with “due regard” for the safety of others. If a collision occurs and it is determined that responders acted recklessly or ignored department policy, immunity may be lost.
Additionally, decisions regarding destination hospitals, refusal of transport or transfer of care can create legal exposure if not properly documented and aligned with protocols.
Confined spaces liability
There are two primary factors affecting liability with regards to assisting patients in tight or confined spaces:
Increased risk of injury
Assisting patients in tight spaces, such as bathrooms, bedrooms, or narrow hallways, presents heightened risks for both patients and responders. Slips, falls, and musculoskeletal injuries are common sources of litigation. Patients may allege that improper movement, inadequate personnel, or failure to use appropriate equipment resulted in injury.
Fire departments must recognize that confined-space patient assistance often involves foreseeable risks. Courts may evaluate whether responders took reasonable precautions, including calling for additional personnel, using lifting aids or modifying the environment when feasible.
Scene management and environmental hazards
Bathrooms and similar spaces often contain wet surfaces, limited lighting, and obstacles that increase injury risk. Failure to identify and mitigate these hazards may support a negligence claim. Liability may also arise if responders rush patient movement without adequate stabilization, particularly in cases involving suspected spinal injuries or frail patients.
Documentation is especially important in these scenarios. Accurate records demonstrating assessment, decision-making and adherence to protocol can be critical in defending against claims.
Traffic intersections liability
Our last major category involves two key factors related to entering traffic intersections during emergency response:
Emergency vehicle privileges and limitations
Fire apparatus entering intersections during emergency responses present one of the most significant liability risks to municipalities. Although emergency vehicle operators are often granted statutory privileges, such as proceeding through red lights or stop signs, these privileges are not unconditional. Operators are generally required to slow down, ensure the intersection is clear and operate with due regard for public safety.
Collisions and third-party claims
Intersection collisions frequently result in serious injuries or fatalities, leading to substantial civil claims. Plaintiffs may allege that the fire department failed to properly train drivers, enforce policies or discipline unsafe behavior. Even when another driver is partially at fault, municipalities may face liability under comparative negligence principles.
Courts often scrutinize whether lights and sirens were activated, whether the vehicle slowed appropriately and whether the operator followed departmental policies. Deviations from established procedures can significantly undermine immunity defenses.
Risk management and mitigation
To reduce legal exposure, municipal fire departments should prioritize several comprehensive risk management strategies:
- Clear policies and standard operating procedures for patient handling, transport and emergency vehicle operation.
- Regular training and certification for EMS care, lifting techniques and emergency driving.
- Use of appropriate equipment, such as powered stretchers and patient movement aids.
- Thorough documentation of incidents, assessments and decisions.
- Ongoing review of incidents and near misses to identify trends and corrective actions.
Final thoughts
While municipal fire departments perform inherently dangerous and essential public functions, legal liability remains an ever-present concern. Patient transport, assistance in tight spaces and emergency intersection entry are operational areas with elevated risk. By understanding the legal principles governing liability and implementing strong policies, training and oversight, municipalities can better protect the public, their personnel and themselves from preventable harm and costly litigation.
About the Author
George Woods Jr. is the Safety & Risk Management director for the City of Scottsdale, Arizona.
