Does a firefighter have a cause of action against the fire service for negligence?
California, United States of America
The following excerpt is from Farmer v. Union Oil Co., 141 Cal.Rptr. 848, 75 Cal.App.3d 42 (Cal. App. 1977):
It is well-established in California that a fireman has no cause of action against one whose negligence caused the fire in which he was injured. In Giorgi v. Pacific Gas & Elec. Co., supra, 266 Cal.App.2d 355, 72 Cal.Rptr. 119, four firefighters were killed and two were injured in fighting a fire. All were federal employees trained in firefighting work and were required to fight forest fires as part of their duties. Plaintiffs' theory in their wrongful death and bodily injury actions was that the defendant utility's negligent maintenance of an electric power pole and wires caused the fire, and that this negligence rendered defendant liable for the deaths and injuries which occurred when a fire trapped the six men.
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