Fire Law News

January 16, 2024

Widow of LA County Firefighter Sues Homeowner for Wrongful Death

The widow of a Los Angeles County firefighter who died while operating at a house fire in 2022, has filed suit against the homeowner claiming that an illegal addition to the residence is responsible for his death. Jennifer Flagler filed a wrongful death suit on behalf of herself and two minor children against Timothy Racisz.


Jonathan Flagler suffered a heart attack while battling a fire in Racisz’s home on January 6, 2022. He was a 21-year fire service veteran, 19 with the Vernon Fire Department, and two with LA County. He was 47 years old. According to the Daily Breeze, the fire was electrical in nature.


The suit was filed in Los Angeles County Superior Court, alleging as follows:

  • DEFENDANT RACISZ is, and at all relevant times mentioned herein … owned, occupied, supervised, maintained, and otherwise controlled the residence at 30751 Tarapaca Road.
  • DEFENDANT RACISZ is also a professional architect licensed by the California Architects Board since June 25, 1985.
  • PLAINTIFFS are informed and believe, and based thereon, alleges that before January 6, 2022, DEFENDANT RACISZ knew or should have known that there was an approximately 456 square foot addition added the Subject Residence.
  • PLAINTIFFS are informed and believe, and based thereon, alleges that the Addition was constructed without permits that are mandated by local regulatory authorities.
  • PLAINTIFFS are informed and believe, and based thereon, alleges that the Addition was built without essential fire-mitigation elements which were crucial for preventing the undetected spread of fire within the structure of the Addition.
  • PLAINTIFFS are informed and believe, and based thereon, allege that DEFENDANT RACISZ knew or should have known....
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Nashville Firefighter Charged With Interfering With Another Department’s Operations

A Nashville firefighter is facing criminal charges related to his actions at a fire scene in Rutherford County while he was off duty. Jacob Welbaum, 31, is facing five counts of reckless endangerment and one count of disorderly conduct.


According to WSMV Channel 4, Rutherford County Fire and Rescue was on the scene of a building fire when Welbaum was observed scene “barking” orders and telling firefighters they were doing things incorrectly. According to The Messenger, Welbaum approached crews and offered to assist, but his offer was declined. He then took gear including breathing apparatus from one of their trucks, entered the building, and began giving orders.


Police report Welbaum had to be physically removed from the scene....

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Curt Varone

Curt Varone has over 45 years of experience in the fire service. He served twenty-nine years with the Providence, Rhode Island, Fire Department, retiring as a Deputy Assistant Chief (shift-commander). He has been a practicing attorney for over 37 years licensed in both Rhode Island and Maine. He previously served as the Director of the Public Fire Protection Division at the National Fire Protection Association. Curt has written two books, Legal Considerations for Fire and Emergency Services, and Fire Officer's Legal Handbook. He is a contributing editor for Firehouse Magazine writing the Fire Law column and remains active as a deputy chief with the Exeter (RI) Fire Department.

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