Does a member of the public who negligently starts a fire owe a duty of care to the fire service?

California, United States of America


The following excerpt is from Pfau v. Kim's Hapkido, 74 Cal.App.4th 58, 87 Cal.Rptr.2d 588 (Cal. App. 1999):

"Under the firefighter's rule, a member of the public who negligently starts a fire owes no duty of care to assure that the firefighter who is summoned to combat the fire is not injured thereby. [Citations.] Nor does a member of the public whose conduct precipitates the intervention of a police officer owe a duty of care to the officer with respect to the original negligence that caused the officer's intervention." (Neighbarger v. Irwin Industries, Inc., supra, 8 Cal.4th at p. 538, 34 Cal.Rptr.2d 630, 882 P.2d 347.) The firefighter's rule is not a concept separate from assumption of the risk, but rather is "an example of the proper application of the doctrine of assumption of risk, that is, an illustration of when it is appropriate to find that the defendant owes no duty of care." (Ibid.)

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