Does a Fire & EMS Expert Witness Need to Be State-Specific?

Can an out-of-state fire, EMS, or 911 expert witness provide credible testimony in a case involving emergency response operations? 

I would argue, not necessarily. An expert witness does not always need to have worked in the state where an incident occurred to provide meaningful, qualified analysis.

Fire, Emergency Medical Services (EMS), and 911 emergency communications operations are built upon nationally recognized industry standards, established professional practices, accepted training principles, and operational frameworks that extend across state lines.

Whether an incident occurs in Arizona, Tennessee, California, or New York, the fundamental principles of fireground operations, fire investigation, incident command, firefighter safety, emergency medical care, and emergency dispatch do not fundamentally change simply because the state line does.

The more important consideration is whether the expert possesses the relevant knowledge, experience, training, and education to evaluate the issues involved in the case.

Fire, EMS, and 911 emergency communications professionals operate within established national frameworks that help inform training, operational procedures, and professional expectations.

Consider the following:

• National Fire Protection Association (NFPA): NFPA standards provide nationally recognized benchmarks addressing fire service operations, firefighter safety, training, incident management, and fire investigation. Their applicability to a particular case depends on the relevant circumstances and whether specific standards have been adopted or otherwise apply.
• International Code Council (ICC) and International Fire Code (IFC): These model codes provide frameworks for fire prevention, inspections, and fire safety requirements. Their legal applicability depends on jurisdictional adoption and amendments.
• National Registry of Emergency Medical Technicians (NREMT): NREMT establishes nationally recognized EMS certification standards and assessment frameworks, although state licensing and scope-of-practice requirements may differ.
• Nationally Recognized EMS Education and Clinical Guidelines: These frameworks inform patient assessment, clinical decision-making, emergency treatment, and prehospital care.
• Incident Command System (ICS): ICS principles provide a standardized approach to incident management, resource coordination, operational accountability, and emergency response.
• International Academies of Emergency Dispatch (IAED): IAED's emergency dispatch protocols provide standardized frameworks for call interrogation, determinant assignment, dispatch prioritization, and pre-arrival instructions where those systems are implemented.

These national frameworks create a common professional foundation for evaluating fire department operations, EMS practices, and 911 emergency communications.

While local implementation may vary, the underlying operational principles are often shared across jurisdictions.

Certainly, state statutes, administrative regulations, licensing requirements, adopted codes, and local policies must be identified and considered when applicable.

For example, a fire department may operate under locally adopted policies or staffing requirements. EMS providers may be subject to state-specific scope-of-practice rules and treatment protocols. A 911 communications center may follow particular dispatch procedures, emergency medical dispatch protocols, or agency-specific operational guidelines.

These distinctions matter when evaluating whether actions were consistent with the applicable professional standards and requirements.

However, understanding and applying jurisdiction-specific requirements is not necessarily the same as having previously practiced in that state.

An experienced fire, EMS, or 911 expert witness can examine the applicable local requirements alongside nationally recognized industry practices to provide a contextual evaluation of the incident.

When selecting an expert witness for fire department negligence, EMS standard-of-care, or 911 dispatch-related litigation, attorneys should evaluate more than the expert's geographic work history.

Relevant considerations may include:

• Professional experience: Does the expert have substantial practical experience in the operational area involved in the case?
• Technical knowledge: Does the expert understand the relevant industry standards, policies, procedures, and professional practices?
• Training and education: Does the expert possess appropriate professional training, certifications, education, and specialized knowledge?
• Case-specific relevance: Does the expert's background align with the particular operational decisions or practices being evaluated?
• Jurisdictional understanding: Can the expert identify and appropriately consider applicable state and local requirements?
• Independent analysis: Can the expert objectively evaluate the evidence and explain the basis for their opinions?

Ultimately, expert qualification and admissibility are determined under the applicable rules of the jurisdiction. Certain cases may involve additional statutory or procedural requirements.

Nevertheless, geographic work history alone should not be mistaken for subject-matter expertise.

Consider a case involving fireground command decisions, firefighter training, an EMS response delay, patient assessment, or 911 dispatch procedures.

The analysis may require examining nationally recognized professional practices, agency policies, available resources, training, documentation, and the circumstances confronting emergency personnel at the time.

The expert must understand how these factors interact and which standards or requirements apply to the specific incident.

The real question for attorneys should be:

Does this expert understand the Fire, EMS & 911 industries well enough to evaluate the applicable standards, operational decisions, policies, training, and practices involved in the case?

An expert witness should be evaluated based on relevant knowledge, skill, experience, training, and education—not simply the state in which they previously worked or where the incident occurred.

Industry expertise matters. Jurisdictional familiarity matters when applicable.

But the two are not interchangeable.

Selecting an expert witness requires matching the professional's qualifications to the technical issues and applicable legal requirements of the case.

For attorneys evaluating fire department operations, EMS negligence, emergency response practices, or 911 dispatch procedures, the most qualified expert may not always be located within the same state.

A broader search can help identify professionals whose operational experience and specialized knowledge align with the issues under review.

Fire, EMS & 911 expertise should not stop at the state line.

John R. Storm, MPPA, CFO
Fire, EMS & 911 Expert Witness & Consultant

John provides independent expert-witness consultation involving fire service operations, emergency medical services, 911 emergency communications, and emergency response practices.

Evaluating a Fire, EMS, or 911-related case? Contact John to discuss the operational issues involved, review his professional qualifications, confirm availability, or request his current fee schedule.