You asked (1) if the state is liable for accidents or injuries sustained by firefighters at Connecticut regional fire schools because the state provides funding to them; and (2) who would be liable if the schools were under the jurisdiction of either the Commission on Fire Prevention and Control or the Department of Emergency Management and Homeland Security.

Our office is not authorized to give legal opinions and this report should not be considered one.

SUMMARY

It appears that the state could be liable under current law for injuries firefighters sustain at Connecticut regional fire schools depending on the circumstances.

Because the state's liability would ultimately be determined by the precise facts surrounding each injury, it is very difficult to provide an exhaustive answer. But, the most likely causes of injuries to firefighters at the regional schools that could lead to liability are (1) defects or

hazards in the land, building, or equipment used by the schools for training, and (2) negligence by those conducting the training. Thus, this report will focus on these injuries.

There are nine regional fire schools. The state owns and controls one school location (Windsor Locks), which it shares with a regional fire school. The state could be liable if an injury were caused by (1) a defect in or hazard at the Windsor Locks facility, or (2) state-owned defective equipment used at the Windsor Locks facility, or in one of the other schools. Such claims would probably have to be filed with the claims commissioner because the state has not consented to be sued under such circumstances. (We have enclosed two recent OLR Reports. One summarizes the claims commissioner law and process (2000-R-0550). The other summarizes the liability of those who possess and control premises to those who are invited to enter them (2002-R-0365)).

The State Commissioner on Fire Prevention and Control establishes standards for fire service training and education programs, and certifies fire service personnel to conduct such training and programs. By statute, the state is liable for injuries to firefighters caused by the negligence of certified instructors (CGS § 7-323q). According to Jeff Morrissette, state fire administrator, virtually all the training conducted in regional fire schools is done by state certified instructors. Thus, the state would be liable for injuries to firefighters in the regional schools caused by the negligence of a state certified instructor, and it appears that the injured person could bring the matter directly to court instead of going to the claims commissioner because of a state statute that appears to authorize this.

If the other eight schools were placed under control of a state agency, such as the Commission on Fire Prevention and Control or the Department of Emergency Management and Homeland Security, the state might be held liable for injuries caused by defects in the school land or buildings, or by defective equipment used there even if the state did not own the property or equipment. Apparently, these claims would also have to be filed with the claims commissioner since there is no statute authorizing injured parties to go directly to court under such conditions.

There is an additional way in which state resources may be made available when firefighters are injured at regional fire schools. The Connecticut State Firefighters Association provides relief to firefighters injured or rendered sick by disease contracted in the line of duty, or to the widow or child of a firefighter killed in the line of duty. The law rerquires the Comptroller to pay the person or people entitled to such relief, or their legal representative, for the amount to which they are entitled as relief, within available appropriations (CGS § 3-123). The statutes do not specify the amount firefighters are entitled to under this law. We have asked for this and related information from the association's treasurer and will forward it to you as soon as we receive it.

BACKGROUND

Commission on Fire Prevention and Control

State law establishes a state agency to oversee various aspects of preventing and controlling fires. It is the Commission on Fire Prevention and Control consisting of 12 members appointed by the governor. The commission is within the Department of Public Safety for administrative purposes (CGS § 7-123k).

Among other things, the law requires the commission to establish standards for a fire service training and education program, on a voluntary basis, and develop and conduct an examination program to certify those fire service personnel who satisfactorily demonstrate their ability to meet the requirements of the fire service training and education program standards. It also must conduct fire fighting training and education programs designed to assist firefighters in developing and maintaining their skills and keeping abreast of technological advances in fire suppression, fire protection, fire prevention and related fields (CGS § 7-323l). The law requires the commission to appoint a state fire administrator, to be responsible for commission programs and functions (CGS § 7-323o). The law also established an office of state fire administration to carry out the commission's statutory duties (CGS § 7232n).

Regional Fire Training Schools

The nine Connecticut regional fire training schools are located in, Derby, Fairfield, Middletown, New Haven, Stamford, Torrington, Willimantic, Windsor Locks, and Wolcott. Eight are operated and controlled by municipal or regional fire associations. One school, in Windsor Locks, shares a building that is under the care, custody, and control of the State Commission on Fire Prevention and Control.

Funds for regional fire training schools are appropriated by the legislature for maintenance and operations. The comptroller may also provide grants, with the expectation that these schools file a report indicating how these funds are used (CGS § 3-123e). Tuition and donations are also forms of funding.

Table 1 lists the name of the regional fire school along with information on who owns, operates, and teaches at each of the schools.

Table 1: Regional Fire School Ownership, Operation, and Training

Liability for Negligence

Under the common law sovereign immunity doctrine the state cannot be sued for negligence without its consent. In response to this doctrine, the state has created a claims commissioner and a structure to process negligence and other claims against the state. Thus, most negligence claims would have to be presented to the claims commissioner.

But the law authorizes people to go directly to court in several situations. If the negligence occurred within the context of one of these categories, the injured person could bypass the claims commissioner and file a negligence lawsuit directly in court.

By statute, state employees are not liable for damage or injury that is caused within the scope of their employment or by the discharge of their duties and is not wanton, reckless, or malicious. Thus, state employees and officials are not personally liable for acts of negligence (CGS § 4-165). Claims against state employees for negligence must be presented as a claim against the state to the claims commissioner or against the state as a lawsuit against the state if it is a type of case the legislature permits to be brought directly to court. We have enclosed a copy of an OLR Report that describes the claims commissioner law and process (2000-R-0550).

State Indemnification Law Concerning Certified Fire Service Instructors

The law requires the state to indemnify any person certified as a fire service instructor by the Commission on Fire Prevention and Control from financial loss and expense, including legal fees and costs, under certain circumstances. The duty applies to claims for damages caused by the instructor's alleged negligence or other act that occurred while he was providing fire service training and instruction. The duty to indemnify does not apply to an instructor's acts that were wanton, reckless, or malicious (CGS § 7-323q).

Wanton misconduct is more than negligence or gross negligence. It is conduct that indicates a reckless disregard for the rights or safety of others, or of the consequences of the action (Frillici v. Town of Westport, 264 Conn. 312 (2003)). Reckless conduct involves an extreme departure from ordinary care, in a situation where a high degree of danger is apparent, and must be more than any mere mistake resulting from inexperience, excitement, or confusion, and more than mere thoughtlessness, inadvertence, or inattention (McDonald v. Timex Corp., 9 Fed. Supp. 2d 120 (1998)). A malicious injury is inflicted intentionally without just cause or excuse. A malicious act implies intent. Both the act and the resulting injury must be intentional. The intentional injury aspect may be satisfied if the resulting harm was the direct and natural consequence of the intended act (Markey v. Santangelo, 195 Conn. 76).

This law (CGS § 7-323q) does not explicitly allow someone to sue the state directly for indemnification. Thus, it is possible that a firefighter would have to bring an indemnification claim to the claims commissioner. But the state Supreme Court interpreted a similar law as allowing someone to bypass the claims commissioner and go directly to court (Martinez v. Department of Public Safety, 258 Conn. 680 (2001). The Martinez case involved mandatory state indemnification of state police officers prosecuted unsuccessfully for criminal activity.) Thus, it appears likely that CGS § 7-323q would also be construed to permit a person covered by the law to go directly in court without first going to the claims commissioner.

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