Skip to content

Smoke Inhalation & Asphyxiation

Attorneys For Firefighter Smoke Inhalation & Asphyxiation Injuries

For many fire victims and firefighters, the smoke is far deadlier than the flames. Advances in firefighting equipment have reduced the risks of smoke inhalation and asphyxia, but firefighters still must face that ever-present danger. If you or a loved one has been injured due to smoke inhalation, the attorneys at Barasch & McGarry are here to help. Our team has more than 100 years of combined legal experience, much of which we’ve devoted to obtaining compensation for injured firefighters.

Actions For Negligence Under NYC Municipal Law

Under General Obligations Law § 11-106, a firefighter injured in the line of duty as a result of someone’s negligence has a right to sue to recover compensation from the wrongdoer. If, for example, a landlord has failed to correct hazards, such as blocked exits or cluttered hallways, delaying a firefighter’s exit from the building, the landlord will be liable for the firefighter’s smoke inhalation injuries. Because these acts also violate the New York City Building Code, the firefighter would also have a claim under the very generous statute enacted to protect firefighters, General Municipal Law § 205-a.

I want to personally thank you and your whole law firm collectively for the unwavering devotion and professionalism to not only me, but the entire fire dept. family. The compassion and deep concerns I experienced by each and every one of your staff can not measure my sincere appreciation. It rivals the dedication we have of honor and duty.

Retired Firefighter

Lawsuits For Defective Breathing Equipment

The most important piece of equipment a firefighter has to combat smoke is the self-contained breathing apparatus (SCBA). If the SCBA fails to perform, the injured firefighter may have a products liability claim against the manufacturer. If the equipment has been poorly maintained, any action would have to be against the fire department itself.

Disability Due To Job-related Illness

The effects of smoke inhalation can also be cumulative. Over the course of a career, or during retirement, a firefighter can develop respiratory ailments such as emphysema and chronic obstructive pulmonary disorder (COPD). When the symptoms of occupational illness present, we help afflicted firefighters obtain the disability benefits they deserve.

Compensation And Benefits For Post-9/11 Illnesses

If your respiratory problems are related to work you performed at Ground Zero after the September 11, 2001 terrorist attacks, you can seek compensation from the 9/11 Victim Compensation Fund and medical benefits from the World Trade Center Health Program. Our firm has been at the forefront of the fight for first responder benefits, and we maintain a post-9/11 illness practice exclusively devoted to this work. Find more information about 9/11 Victim Compensation here:

Contact Our Experienced Attorneys For Smoke Inhalation Injuries

Historically, the courts have treated exposure to smoke as an assumed risk for firefighters. Fortunately, the law has evolved and courts today recognize firefighters’ rights to sue when a legal violation or negligence caused the injury. However, to get the compensation you deserve, you need experienced legal counsel that has fought and won firefighter injury cases. To learn how Barasch & McGarry can help, schedule a free consultation.

Contact Us

If you or a firefighter you love suffered a disabling injury, you should explore all your legal options. To schedule a free consultation with a firefighter law attorney, call us at 844-874-1564 or contact our office online.

Smoke Inhalation & Asphyxiation

Additional Topics

  • Firefighter & Police Right To Sue

    The old rules no longer apply for most firefighter and police line-of-duty injuries. Find out what rights NYPD and FDNY personnel have to pursue legal action.

    Read More
  • Verdicts & Settlements

    Our experienced personal injury attorneys have won landmark cases inside and out of the court room, recovering over $3 billion for our clients.

    Read More
  • Attorneys & Staff

    Learn more about your legal team made up of attorneys with over 100 collective years of experience litigating complex personal injury cases.

    Read More
  • Why Barasch & McGarry

    For over 30 years Barasch & McGarry has stood up for the rights of New York firefighters, police, and EMS workers. Learn more about our commitment to being there for New York's bravest.

    Read More

Home Live Chat

attorney michael barasch
Online Now

Hi, we are here to help if you have questions.