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A Kentucky state law protecting volunteer fire departments and firefighters from lawsuits was ruled unconstitutional last year by the state Court of Appeals. The ruling was appealed to the Kentucky Supreme Court, which heard oral arguments in the case on August 13.

 

“Without legal protection, it is going to be difficult to convince people to join the volunteer fire service,” said National Volunteer Fire Council (NVFC) Kentucky Director Ken Knipper. “Firefighting is a stressful, dangerous business and if people know that they can now be sued if something goes wrong, even if it wasn’t their fault, I don’t know how many folks are going to want to volunteer for that privilege.”

 

Retention and recruitment of volunteer personnel has become more challenging in recent years for a variety of reasons, including increased training requirements, more single-parent and two-income households, and people commuting longer distances to and from work. At the same time, population growth in many communities has spurred higher call volumes, straining the ability of volunteer fire and EMS agencies to provide services. Loss of legal protection for volunteer firefighters would make retention and recruitment even more challenging for Kentucky’s 767 volunteer fire departments.

 

The issues being considered in the Kentucky court case deal with the state’s constitution, so the status of legal protections for volunteer firefighters in other states will not be directly affected by the outcome. Even so, the Kentucky case should serve as notice for volunteer fire service leaders in other states to make sure that their own liability protection laws are not vulnerable to legal challenge.

 

The NVFC will continue to monitor this issue and provide updates as developments occur.