1. Fire Service Course Delivery Legal Issues
Florida State Fire College
Ocala, Florida
August, 2007

2. Legal Issues Objectives:
1. Discuss differences between agency liability and instructor responsibility
2. List the elements necessary for liability
3. Understand precautions for instructors to minimize liability
4. Discuss copyright and privacy law
The slides in this chapter are loosely based on Chapter 5.
August, 2007
FFP-1740

3. NFPA Not code unless adopted
They are the “standard of care” for the industry
August, 2007
FFP-1740

4. Criminal v. Civil
Criminal requires intent – burden of proof is beyond reasonable doubt – found guilty
Tort – civil wrong or injury – burden of proof is preponderance of evidence – found liable
Purpose of tort action to seek payment for damages to property or injury to individual
Same act can result in civil & criminal consequences
August, 2007
FFP-1740

5. Liability Elements For a cause of action in Negligence:
1. Legal duty to act or not act
2. Breach of standard of care for that duty
3. Breach was proximate cause of damage
4. Injury/damages resulted
All 4 elements must be met for liability!
August, 2007
FFP-1740

6. Breach of Duty
To prove the element of breach of duty the plaintiff must show that the Defendant did not meet the Standard of Care.
The Standard of Care is what a reasonably prudent person would have done in the same or similar circumstances.
August, 2007
FFP-1740

7. Foreseeability
If the instructor knew, or should have known, of a potentially dangerous or damaging situation and did not take action to mitigate the danger.
Example: Not checking to insure all students are properly using all required Personal Protective Equipment (PPE)
Prepare written risk analysis prior to hazardous training – fully brief the students
August, 2007
FFP-1740

8. Instructor Responsibility
Provide training to accepted standards
Adequately prepare
Provide safe training environment
Provide environment effective for learning
(Awareness and correction of harassment,
using proper teaching methods, making
reasonable accommodations, if needed)
August, 2007
FFP-1740

9. Agency Liability Provide training commensurate to duty
Select qualified instructors
Ensure instructors know agency policy
Ensure training is provided in accord with standards in safe, appropriate manner
Respondeat Superior – the agency is responsible for the negligence of the employees (instructors)
August, 2007
FFP-1740

10. Precautions to Minimize Liability
EXERCISE
In your group – brainstorm and list on an easel potential areas of liability and beside each one add what could be done to eliminate or mitigate that risk.
August, 2007
FFP-1740

11. Copyright Law
Instructors may copy material if guidelines are followed:
1. Purpose of use (nonprofit educational)
2. Nature of work (not text for that class)
3. Amount & substance of copied material in relation to the entire work
4. Will it damage the commercial value
August, 2007
FFP-1740

12. Privacy Respect the privacy of the students
Do not engage in behavior intended to embarrass or harass
Restrict access to personal information and grades
Do not disclose personal information or grades without consent
August, 2007
FFP-1740

13. Summary Important for instructors to be aware of legal issues
Range from documentation to student and instructor conduct
Understand rules, agency policies
Don’t take shortcuts
Part of instructor’s professional responsibility
August, 2007
FFP-1740