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

California, United States of America


The following excerpt is from McCormack v. Pac. Gas & Elec. Co., H035217 (Cal. App. 2013):

Accordingly, "[u]nder 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.]" (Neighbarger v. Irwin Indus., Inc. (1994) 8 Cal.4th 532, 538 (Neighbarger).) However, the firefighter's rule does not serve to bar all lawsuits brought by firefighters and first responders for injuries sustained in the line of duty. "The firefighter does not assume every risk of his or her occupation. [Citation.] The rule does not apply to conduct other than that which necessitated the summoning of the firefighter or police officer, and it does not apply to independent acts of misconduct that are committed after the firefighter or police officer has arrived on the scene." (Ibid.)

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