By DAVID C. COMSTOCK
On June 18, 2007, nine career firefighters died when they became trapped inside of a burning commercial furniture showroom and warehouse facility in Charleston, South Carolina. Following this tragedy, various groups and organizations conducted several investigations. The National Institute for Occupational Safety and Health (NIOSH), an institute within the Centers for Disease Control and Prevention, conducted its own investigation and made 43 recommendations to avoid future firefighter injuries or deaths.1 Should the City of Charleston fail to implement these recommendations prior to another serious injury or line-of-duty death (LODD) in the city, the fire chief could find himself in the same position as Donald Edwards, former chief of the District of Columbia Fire Department.
On May 30, 1999, a fire at a District of Columbia townhouse resulted in two firefighter LODDs. Two other firefighters sustained significant burn injuries. Following the fire, NIOSH conducted an investigation and made recommendations to the city. It noted, however, that the District of Columbia had made little to no improvement after NIOSH’s recommendations were made following another firefighter LODD two years earlier. The estates of the two deceased firefighters and the two injured firefighters sued the District of Columbia, the fire chief, and other on-scene officers, alleging that the defendants violated their federal constitutional rights and committed intentional tortious acts against them by failing to train the firefighters and follow current recommended fire service practices.
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