Friday, June 29, 2012

Just so we're clear, Jersey City 911 service can be "plainly negligent" just not "wanton and willful"

Lovely story. Jersey City's 911 operator service cannot be sued over the negligent handling of a 911 call because an appeals court said while the actions were "negligent" they were not "wanton and willful".

So, you know if you have an emergency, sleep well knowing this.

The story starts here:

The family of a Jersey City teen who survived a stabbing spree but watched his mother and two siblings die while they waited for police to arrive cannot sue the city for the negligence of the 911 operators because their conduct was not "wanton and willful," an appeals court panel ruled Thursday.

...The family of Paris Wilson, the sole survivor of the September 2005 massacre by his uncle, claimed in the suit that his 11-year-old brother and sister, DeQuan and D’Artagnania, could have survived if the calls had been handled properly.

Waited for police to arrive for THIRTY SIX HOURS, yes a day and a half for help to arrive because the 911 operator entered the wrong address into the system. Look, accidents happen we understand, people are human. But for the 911 operators to be considered "emergency responders" wherein their legal protection comes in we're just not sure should exist. Too often cities and municipalities simply protect everyone they can from legal action. Nobody gets held accountable. They simply unleash the city's council as they did in this case with Jersey City municipal attorney William Matsikoudis claiming hey it's just sheer negligence these people died, it wasn't done on purpose. Isn't it great when your city attorney's case rests on the fact the city's 911 service is simply just "negligent"? "It’s a big relief and it’s the right decision." said Matsikoudis.

We'd strip 911 operators of their immunity. Technically they are not emergency responders. They play a part, a sometimes negligent part, in dispatching emergency responders. Of course the New Jersey State League of Municipalities has praised the Supreme Court ruling protecting 911 operators from lawsuits. They claim it allows them:

"...assurance and flexibility to develop, test and expand 911 systems without fear of being sued."

If you believe the protection is REALLY about testing and developing 911 systems without getting sued is why this law was passed then please, apply any testing and or development of the 911 service that needs defending in this case, or any case. It's only about protecting themselves legally from someone's negligence whom they employ and are responsible for.

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