Burned out light costs employer $12.7 million
November 30, 2009 by Fred HosierPosted in: Bizarre Accident of the Week, Falls, Special Report, cost of safety, new court decision
A burned out light, two identical doors and an 18-foot fall add up to a costly jury verdict for one employer.
Seattle firefighter Mark Jones was working an overnight shift at a city fire station on Dec. 23, 2003.
He woke at about 3 a.m. from his second-floor bunk to use the bathroom. Then he mistook a nearby door to the station’s fire pole for the restroom. The two doors were on the same wall, six feet apart.
He fell 18 feet to the first floor. He wasn’t working at his usual fire station that night.
A safety light that normally illuminates the fire pole alcove had burned out. A chain that would have restricted access hadn’t been latched.
Jones suffered brain and spine injuries, along with 10 broken ribs, multiple pelvic fractures and other injuries.
The injured firefighter received minimal disability benefits under the state’s pension system. He’s unable to work any sustainable job.
He sued the city, and a jury awarded him $12.7 million.
Since the accident, the department has installed reflective tape around fire pole shafts and protective glass doors with special handles that don’t open unless they’re pushed in.
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Tags: 18-foot fall, burned out light, costly jury verdict, disability
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December 1st, 2009 at 9:20 am
Safety protocols are put in place for a reason and if they are not followed this is what happens.An accident no matter how minimal or severe needs to be addressed and if it was the result of ignorance or laziness then YES that person should be compensated for his career ending injuries.The amount might be excessive but he does deserve it.These men and women are not paid nearly enough considering the dangers that they face and the lives that they save.
December 1st, 2009 at 10:11 am
Since this wasn’t his “native” firehouse, I wonder if he was given any kind of training upon arrival? We always train transfers with unique building dangers, etc.
December 1st, 2009 at 10:40 am
As someone who was hurt on the job and fought my way back to work only to have the injury progress and have to take a demotion to maintain employment npw gfor the last 18 years I am offended over some of thses comments. I bwant nothing given to me but unfortunately I am disabled and they are constantly trying to force me off my job.
My partner of 34 years died in 2007 of a heart attack I even when sick had to work and maintain medical equipment when getting home from work. My partner han been a film lab technician and hand severel lung damage from inhaling vapors of flim cleaning fluid. The Union and the company as well as the chemical manufacturer did nothing to help and it took 10 years for SSI to pay for the Drs and longer fior many of the meds.
I live in terror of my problem making me incapable of working there is no real safety net out there I am constantly fighting to get even my DR paid for I usually pay for my meds. BY the way I am also a civil servant and I was hurt on the job but after hours.
This man was ON DUTY!!!!!! That was why he was asleep in the firehouse. Shame on all of you who are so callous to someone who went from mainstream society to fringe society. If you do not believe that comment talk to anyone who has a parmant injury for a job. 12.5 million for someone who cannot rake a garden or have a life who has brain damage (also one of my problems) is not enough how dare anyone say what a human life is valued at. I hoope these “Good Folk” do not think they are Christians My G-d How cruel this all is.
Do any of you have any idea what it is like to come home from work and find your love in tears because they cannot get themselve a glass of water? Or you cannot get their pain meds becasue it has to wait until next pay day? SSI does not cover that med? Until you do please do not judge folk in desperate situations or make stupid remarks about an accident when one of the basic tenents of our society is all employees are to be in as safe an enviroment as possible.
December 1st, 2009 at 10:59 am
I have to disagree with Tom Haag. The accident award should reflect only the incident itself. It has nothing to do with whether the person was underpaid or overpaid. The factors should include the degree of negligence by ALL concerned as well as the nature, severity and duration of the injuries in addition to the loss of expected earnings. As a firefighter, he should have exercised a lot more caution and self protection than he did that night so he was partially at fault. You can’t completely discount some level of responsibility on his part. I think the award was excessive and overly punitive. Depending upon the degree of care and medical maintenance along with his age, none of which we know, a maximum of $2 - 4 million should have been more than appropriate.
December 1st, 2009 at 11:17 am
Responsibility is a shared concept.
Employer and employee both have duties to perform and the safety culture of the organization should encourage and support them and be as clearly defined as possible.
Often times the very people who we rely on to save us from harm fall victim to the same lapse in effort that the rest of us do.
To what degree are we then responsible …
December 1st, 2009 at 2:08 pm
Dennis- There are only two comments before yours, what offended you? Niether seems to disagree with what you are implying…
December 1st, 2009 at 3:13 pm
One has to question the validity of fire poles in any firehouse. From a risk management perspective, these MUST be eliminated now to prevent this type of event recurring.
No firehouse here in Australia has poles. Way too dangerous….
December 4th, 2009 at 4:46 pm
It appears the employer did not have the doors lighted or labled which should be their responsibility. Someone did not latch a safety chain, who was responsible for making sure the chain was latched? Does that fall on the employer or the employee that was supposed to latch it?
This is obviously a terrible situation for everyone involved but you would think that an employee who knows there are doors that open up to a fire pole room with an open floor would make sure they look into the room before walking into it, especially if they are in an unfamiliar fire house.
December 8th, 2009 at 12:45 pm
The unfortunate thing is that an employee was hurt. This hurts morale more than management cares to admit.
Now back to the issue, this can’t be the first time a light bulb burned out so someone should have fixed it. Not to say that it didn’t burn in out in the hour prior to the accident. Employees are reactionary, it isn’t a problem until someone is hurt. The jury was right to give him some award but the amount was a bit excessive.
The city has now implemented some changes to prevent this from happenning again. It’s just too bad the changes were not thought of sooner.
One thing to remember, employees are never at fault.
December 15th, 2009 at 12:14 pm
Jason: I have been unable to respond before today. Yes I was upset enraged is a better word there were about 20 comments (I read before I posted) that blamed this man for what happened. The comments ranged from he was stupid to Workman’s Comp should have been denied to a comment implying he should have died.
My Dad was a fireman for over 20 years I remember him coming home and coughing black in the toilet my Mom trying to help in any way she could. He retired early because the condition persisted and eventually he died of lung and brain cancer. There were no benefits supplied to him.
My partner of 34 years died in 2007 after suffering for over 20 years from Bullas Emphysema that is lung scarring and fissures from chemical burns. The burns were from the chemicals used to clean motion pictures. There was no ventilation or PPE issued to the film lab techs the room had been inspected and supposedly was safe. As the condition progressed worsening other diseases were incurred by the meds used to treat the Emphysema. It took over 10 years for SSI to cover the treatments and Workman’s Comp never did. There was a constant back and forth with Workman’s Comp on responsibility. When my partner died in 2007 the class action suit against the film lab and the chemical company also died as my partner was the last living person on the suit and there had been no settlement.
I got hurt on the job many years ago and have had to fight to retain employment as well as Workman’s Comp. benefits. I have worked since I was 16 and I am 59. At one point in 2000 it seemed that I would have to stop working. When I looked around as to what benefits I could get I found there was little that would help me for the year the lawyers said it would take to get Social Security. My pension fund and investments were locked and gone because of my partner and when my Mom became ill I had borrowed and drained most of my resources. In order to maintain myself I have had to take a pay cut of over $15,000.00 an year and had to cash out resources. I was fortunate as in late 2000 I started to improve and did not have to pursue Disability Social Security or the reduced Pension (from penalties for early retirement and the loan balances) or wait the two years for maybe a Disability Pension.
My anger was to comments about how there was a safety net out there and people are working the system. The gentleman in the article has a terrible injury and will need extensive medical support. All of which will eat up any award given. There are medications my partner had to take that (I am not exaggerating) cost $1,000.00 a pill. My own meds run well over $1,500.00 a month if I had no benefits I would be in sad shape. When my partner died there was 500 gallons of liquid Oxygen in the house and had to take 23 medications 4 times a day. In addition there were two medications that were intramuscular. We had a home heath aide for only 4 hours a day, the rest I paid for out of pocket. The replies I was upset about became unavailable after my posting. But they were cold and heartless implying the gentleman was hustling the system, and had been given an award in excess of what he needed. My experiences are that this is not true in the real world. I apologize for the length of this but I needed to say what is happening to folk that are just trying to live in these desperate situations.
December 17th, 2009 at 10:11 am
Some of these things are horrific and yet avoidable. Why don’t these places have safety representatives? Isn’t a door modification, protective glass, cumbersome safety handles, and reflective tape cheaper than $12.7 million dollars?
“Jones suffered brain and spine injuries, along with 10 broken ribs, multiple pelvic fractures and other injuries. The injured firefighter received minimal disability benefits under the state’s pension system. He’s unable to work any sustainable job.”
Then employers wonder why people sue? Stop low-balling people when they are injured due to your complacent negligence. Broken bones can lead to punctures and damages to surrounding organs and tissues. I can’t even imagine the writhing pain this person was in.
February 2nd, 2010 at 12:59 pm
Dennis is right 12.7 will probably not even scratch the surface of what the cost of his medical and just being alive now is going to cost him and his family. 12.7 may sound like a lot but spread that over 30 years, not much is left if any. Look at the cost of medical at what we pay athletes and entertainers and then look at what we pay the people that save lives and teach our children and when they get hurt on the job, it’s even less.