Firefighter sues over ladder injury

A firefighter has made good on a promise to take the State to court over an injury she suffered while testing a wooden ladder in a training exercise at the fire service (TTFS) headquarters in January.

Melanie Valentine, 38, filed a personal injury claim in the High Court on October 23.

Her lawsuit contends she was injured while inspecting and testing a wooden ladder during the training exercise.

The lawsuit said in February 2020, the fire service purchased 20 double-extended wooden ladders from Amalgamated Security Services Ltd (ASSL) for $990,000.

It said a letter of complaint from the TTFS to ASSL included an engineering report detailing faults in the ladder. The lawsuit quoted the letter, which also said the ladder was made to US specifications and did not conform to the British standard used in the TT fire service.

Valentine’s lawsuit said between February 2022 and January 2024, the ladders were not in use. It said a freedom of information request from social activist Inshan Ishmael generated “widespread public disquiet” over the purchase of the ladders while the TTFS insists the ladders are “usable.”

“It shall be contended at trial that the defendant’s agents, in an effort to expedite the use of the ladders, negligently enforced their deployment onto the claimant despite being aware of their inherent instability. As a result, the claimant was exposed to an unsafe environment and subsequently sustained personal injury.”

Valentine’s lawsuit said she sustained a work-related injury caused by a ladder pulley system which was not properly affixed to the equipment.

“The officer in charge stated that the ladder was defective, not pawling (a pawl is a hinged catch that fits into a notch). However, the claimant was instructed to use the ladder anyway.

“While conducting checks on the ladder, the extending section slipped and slammed onto her right wrist and both forearms (and the) back of her palm.”

The lawsuit referred to four handwritten incident reports from firefighters who were at the training exercise and a station diary report which said the ladder could not automatically pull open as the extended part of it was on the wrong side and using non-skid shoes made using it on pitch, tile or concrete hazardous.

Valentine was taken to the Eric Williams Medical Science Complex, Mt Hope.

When she returned from sick leave in February, she was assigned sentry duty but was still made to write reports, as it was the height of the “wildfire” season, exacerbating her pain.

She visited a doctor specialising in sport medicine and injury in March. Her medical report, which accompanied the pre-action letter, said she “sustained an injury due to a malfunctioning pulley system of a ladder which caused the right arm to be compressed and impacted…culminating in radiating pain in the forearm…”

She was diagnosed with neuropraxia of the right radial nerve in her forearm, which is classified as a tendon injury, the letter said. She was prescribed medication and physiotherapy twice a week and given 28 days sick leave.

“She remains on extended sick leave to date.

“The claimant’s injuries are not in dispute and contained in the TTFS’s internal reports…and the fact that the claimant sustained injuries at the test by the ladder is also conceded,” the lawsuit noted.

It referred to an exchange of pre-action correspondence between the firefighter’s attorney Richard Jaggasar and the State, describing the responses as “dismissive and evasive.”

“As an employer, the TTFS took no positive thought for the safety of its workers and the claimant in light of what was known or ought to have reasonably known.”

The lawsuit said the State failed to suitably assess the risks to employees as required by the Occupational Safety and Health Act, failed to enforce appropriate safety policies and was negligent, causing the firefighter to lose the use of her right hand.

“The evidence reveals that, after spending nearly one million dollars on the ladders, they were left unused at the Morvant Fire Station, gathering dust until public pressure in late 2023 forced their deployment.

“The defendant blatantly ignored earlier written reports warning about the ladders’ unsuitability. Internal reports from the Trinidad and Tobago Fire Service (TTFS) further demonstrate that by 2024, employees were still unable to properly operate the ladders, even during routine testing.”

In her claim for compensation, the firefighter also wants the State to reimburse her medical bills and pay for future physiotherapy sessions.

Also representing Valentine is attorney Lynda Gopeesingh.