San Francisco Attorney on Wrongful Death Case
San Francisco Emergency Workers’ Failure to Rescue Drowning Man in Bay
A tragic apparent suicide in the Bay Area spawned a considerable debate over morality and public policy after rescue workers stood by and watched for an hour as a man drowned him in the San Francisco Bay. On Memorial Day, 2011, 52-year-old Robert Zack went to the Robert Brown Memorial State Beach and waded into the 54-degree waters of the San Francisco Bay. Onlookers called 911 and police and firefighters from the City of Alameda arrived at the scene. The officers cleared the beach, but took no steps to save the man. After approximately one hour, the man drowned in the surf. An off-duty psychiatric nurse, acting against the instructions of fire and police personnel, entered the water and retrieved Zack’s body from the bay.
Wrongful Death Lawsuit Dismissed Against the City of Alameda
It also triggered a wrongful death lawsuit against the City of Alameda, but a judge dismissed that suit earlier this month, concluding that the rescue workers had no duty to save the man and took no action that heightened the risk of harm to him, the San Francisco Chronicle reported. The city explained that, due to budget cuts, it had eliminated its water rescue capabilities. City policy prevented the officers from entering the water because they were untrained in water rescues. According to the Alameda Sun, the incident led to a “scathing” operational review from a former state fire marshal. The city later restored water rescue funding and purchased a new boat for water rescues.
Zack’s brother and sister sued in Alameda County Superior Court. The siblings argued that the officers had a duty to attempt to rescue their brother, and that they worsened the risk of harm when they cleared the beach and told civilians not to enter the water to attempt to save the man.
Ruling: Police and Firefighters Had No Duty to Save Him
Judge George Hernandez, Jr., however, concluded that the police and firefighters had no duty to save the man. At no time did the officers undertake any action that would amount to assuming a duty to rescue the man, and none of their actions, including clearing the beach, increased the risk of harm to the drowning man. The judge wrote that the “policy of preventing future harm … and consequences to the community of finding a duty weigh heavily in favor of not imposing additional tort liability that would deter police and firefighters from responding to emergencies and rendering assistance.”
Rob Cartwright, an attorney for the siblings, expressed disappointment with the ruling. “We respectfully disagree as to … whether they had a duty to Zack, and whether they violated the duty. There’s a reason that the public was outraged at what happened there.” City Attorney Janet Kern, in a press release, stated that, it was “unfortunate that Mr. Zack was so distraught that he took his own life,” but that “the ruling amounts to a finding that the responding police officers and firefighters acted reasonably and diligently in what was undeniably a very difficult situation.”
California Courts Wrestle with Liability Issues for First Responders
In recent years, especially in the current era of severe public budget limitations, the public, and the courts, have wrestled with the issues of the proper bounds of liability for emergency response officers. If you’ve lost a loved due to another person’s negligent action, or inaction, our San Francisco wrongful death attorneys are here to help.
The attorneys at Callaway & Wolf have years of handling wrongful death cases and are ready to help you pursue your rights under the law. Click now to request a free case evaluation. to request a free no-obligation consultation or call 415-541-0300 to speak with an attorney about a wrongful death case.
Boone Callaway is a personal injury & medical malpractice lawyer in San Francisco who has been working with clients in the Bay Area for over 25 years. Mr. Callaway is one of only a few personal injury litigators in San Francisco who is a Super Lawyer, AV Rated and is also a member of ABOTA – American Board of Trial Advocates.
