New York Court Finds Possible Liability for Negligence Involving a Rekindled Fire

The Appellate Division, Third Department (NY’s intermediate level court, sitting in Albany), last week issued an opinion which, if it stands on appeal, pretty broadly effects the liability of New York fire departments and their underlying municipalities. The appellate court, in Trimble v. City of Albany, decided November 23, 2016, found a potential for liability in the City of Albany for damages due to a fire which destroyed a home after the initial fire had been extinguished.  The fire which destroyed the home was rekindled after the fire department left the scene. The court found that an action against...

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