California, United States of America
The following excerpt is from Rowland v. Shell Oil Co., 179 Cal.App.3d 399, 224 Cal.Rptr. 547 (Cal. App. 1986):
Where a person does no more than cause the peril in which a fireman is injured, it is immaterial whether that person acted negligently or in the course of an ultrahazardous activity. In either event, the assumption of risk principle underlying the fireman's rule applies. (Lipson v. Superior Court, supra, at p. 376, 182 Cal.Rptr. 629, 644 P.2d 822.) On the other hand, the rule is not intended to bar recovery for independent acts of misconduct which were not the occasion for the fireman's presence. (Lipson v. Superior Court, supra, at p. 369, 182 Cal.Rptr. 629, 644 P.2d 822.)
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