Author Archive

Claim: furniture makers responsible for firefighters’ anguish

Nine firefighters died in a blaze at a Charleston, S.C., furniture store in 2007. Now four other firefighters who were on the scene that night, along with two of their wives, have filed a lawsuit claiming emotional distress and depression. They have chosen to sue “the Sofa Super Store, its owners and several furniture manufacturers,” the latter on the theory that their wares should have been made of less combustible materials. [Charleston City Paper, with links to complaints, via Sheila Scheuerman, TortsProf] On the erosion of the old “firefighters’ rule” which prevented rescuers from suing over injuries sustained in the course of their rescues, see our tag on the subject. On the development of lawsuits attributing liability after fires to whole groups of makers of furniture and other furnishings on the ground that they furnished fuel for the conflagration, see this retrospective (scroll) on the Beverly Hills Supper Club fire of 1977, and, relatedly, our posts on the “Great White” Rhode Island concert fire.

Hiking the cost of home health care

The Labor Department may abolish the longstanding exemption of home health care aides from federal overtime pay requirements. The shift could greatly increase costs for providing agencies, and perhaps also have effects on quality, since agencies might decide to protect themselves by requiring more aides to clock out and go home at points when housebound patients could really benefit from their continued assistance [Weiner, Epstein Becker Green Prima Facie Law Blog]