Is it a failure to warn of a known, hidden danger a fireman's rule violation?

5 In applying assumption of risk principles to fireman's rule situations, a failure to warn of a known, hidden danger cannot be distinguished from either a negligent or intentional misrepresentation of the nature of the hazard and results in no different standard of liability. (Lipson v. Superior Court, supra, 31 Cal.3d 362, 372, 182 Cal.Rptr. 629, 644 P.2d 822.)

6 The instruction at issue in Borenkraut was, in pertinent part, as follows: "... [T]he amount of caution involved in the exercise of ordinary care, and hence required by law, increases or decreases as does the danger that reasonably should be apprehended." (Borenkraut v. Whitten, supra, 56 Cal.2d 538, 545, 15 Cal.Rptr. 635, 364 P.2d 467.)