Did you know that the Fire and Police Dept. have no obligation to rescue you in case of fire?

Question

The fire dept. can hide behind a clause called "special relationship" which means they do not have to rescue you or even use fire equipment that taxes pay for. The same with the police dept. They do not have to look for a person that is missing and of age and you have no recourse for either. Check out Coyne vs. City of Utica, missing 2001. Mothers beware, the fire stickers mean nothing. Anyone interested use email.

Answer 1

I don't know about fire departments, but in the US, according to the Supreme Court, police departments are not obligated to act unless they specifically said they would. (for example: I call 911, the operator says an officer is on their way, they don't show up. The department is liable).

Stupid doctrine, but is really the very reason why police departments has gone from one of protecting the public from getting their butts kicked, to one that is merely cleaning up after the fact (sorry - if I am already beat up or worse, you can't help me).

Our local PD won't even respond to an unverified burglar alarm calls. They claim not to have the resources. Of course they have all the resources in the world to blanket the city to rid society of people who don't use seat belts (saving our democracy), or protecting the local donut shop from intruders (no joke - local hangout).

9/11 was unusual I am afraid to say. Most cops sit and wait until they have so much firepower they cannot lose. Unfortunately, the victim is either dead or hurt badly by that time (what good is the cops then?). Firefighters on the other hand do kick some major butt when it comes to actually saving people. There may be a doctrine in place for them as well - but I have never seen it used ever. (I have seen it used as a general rule in LE)

Answer 2

Actually, that's not true in the US (at least not in Indiana, Illinois, or Michigan). I'm a law student, and have sat through many cases where the city was sued because the police or fire departments failed to act during a fire (often criminal proceedings were held against the police/fire for harmful neglect of duty or breach of duty). The only time the government cannot be sued is if the government is attempting to do it's job. For instance, if the fire department tries to put the fire out and save a life but fails, it cannot be sued or held responsible. If the fire department refuses, it can be held responsible. Although there are rare occassions where the opposite is true (like when trying to put it out may endanger more people than not putting it out, which has happened on very rare occassions) I was unable to find the case. I am curious as to where you live.

Answer 3

To answer the last part of the question, the "tot finder" stickers alluded to are generally not relied upon by firefighters without other reliable information indicating that someone might be in a room.

Tot finders are left on windows after people move, after kids grow up and move out, and after they remodel. Furthermore, tot finders could be an aid to someone considering kidnapping a child. I tell people not to use them.

When we search homes during fires, we search every room we can get to, but even our gear has limitations and we have to worry about things like roof/floor collapses.

Answer 4

The fire department does rescue people if there's a fire, unless it's too dangerous for them to do so, and no, the police have no obligation to look for a missing person who is of age if there is no proof of foul play.

Answer 5

Here's a sample of a police oath...
On my honor,
I will never betray my badge,
my integrity, my character,
or the public trust.

I will always have the courage
to hold myself and others
accountable for our actions.
I will always uphold the
Constitution,
the community and
the agency I serve,
so help me God.

I can't find a firefighters oath right off...but here's what the guys in Houston Texas get paid and so on..
http://www.houstontx.gov/fire/employment/recruitingflyer.pdf

My point being..99% of the guys on either job will do what it takes to preserve life and property...for squat pay.

You have some seriously big balls sitting at home, in front of your computer, and question the net of safety you live and breath over and those who provide it for you.

Answer 6

I don't know about the Police Department, but I do know this....My husband is a volunteer Firefighter and I can tell you that their first priority is human life, right after their own safety. If they deem a fire too dangerous to go into, they must obey certain rules and regulations of safety. Every department will tell you that, I don't care where you go. Those who disobey these safety regulations and enter, and then end up hurting themselves are seriously reprimanded. This is for every firefighter...whether they are full time or volunteer. My husband has a shirt, on it says...."No one forces me to go into a burning building..I volunteer"!! I can guarantee you this too, every firefighter has their own mind whether they risk getting reprimanded. Many have lost their own lives to save someone. I know in my heart, that my husband is one of them. And that makes me both proud and sad at the same time.

Answer 7

That's quite possibly the dumbest thing I have ever heard...did you forget events like 9/11?! How many firefighters and police officers died trying to save people?! AND there is a law saying if you are a trainned profesisonal you have a duty to act if you see certain things going on and fire/ems and police personnel are all responsible under that law...

Answer 8

Did it just dawn on you that the government isn't your cradle to grave nanny? Of course there is no obligation. There are lots of rules and regulations that prevent all kinds of heroic actions as a matter of fact.

A fireman's job is to attempt to contain a fire and prevent its spread. That's how he saves lives, by stopping the fire from endangering MORE people and property. Anyone who is already a victim is largely on their own. Sure, they'll try to help folks, and they have equipment to help them help folks, but there is no obligation involved. Imagine a completely involved house, and someone says, "Granny's still in there!" and the men are obligated to go in after her. Do they all go in? Do they draw straws? Do they have a lottery each week to decide who takes the suicide missions? Imagine yourself or a loved one in that position, would you go in? Would you let your father / mother / brother / sister / bf / gf go in? I was told when I first started as a fireman to never go in after someone, unless it was a guarantee that both of us would be coming out alive - and that is a very rare circumstance.

Answer 9

thats not true, they in fact are obligated. If i were having a heart attack or choking on something and a doctor was in the room and he did not help me, he would lose his license to practice medicine, not to mention i could sue his *** off. Fire fighters and Police officers are public servants they are paid from taxes to do what they are hired and trained for under any circumstance they are obligated to under certain laws.

Answer 10

In my town if you call them both and its NOT life threatening they now Bill you! An example : I passed out last month for no known reason at the time (the Dr. said extreme pain, your body just shut down) they billed me $200 for the service. But they did take me in the rescue squad. So whats wrong w/ that?????