What is the firefighter's rule?

California, United States of America


The following excerpt is from Boon v. Rivera, 80 Cal.App.4th 1322, 96 Cal.Rptr.2d 276 (Cal. App. 2000):

"Stated in its most traditional terms, the firefighter's rule 'is that which negates liability to firemen by one whose negligence causes or contributes to the fire which in turn causes the death or injury of the fireman.' [Citation.]" (Calatayud v. State of California (1998) 18 Cal.4th 1057, 1061.) The legal foundation for this principle is that "a member of the public who negligently starts a fire owes no duty of care to assure the firefighter who is summoned to combat the fire is not injured thereby." (Neighbarger v. Irwin Industries, Inc., supra, 8 Cal.4th at p. 538.) The same rule applies when it is a police officer who responds to an emergency call. A member of the public whose conduct precipitates the intervention of a police officer does not owe a duty of care to the officer "with respect to the original negligence that caused the officer's intervention." (Ibid.)

Other Questions


Does the "right ruling, wrong reasoning" rule apply to an evidentiary ruling that required the trial court to make findings of fact? (California, United States of America)
Is the firefighter's rule applicable to highway workers? (California, United States of America)
Can a defendant manipulate the rule of rule 31(d) to bypass the statutory certificate requirement under section 1237.5 of the Criminal Code? (California, United States of America)
Is a firefighter's fire extinguisher's rule applicable to jumping out of a burning building? (California, United States of America)
What is the firefighter's rule? (California, United States of America)
Does the absence of an explanation of a ruling make it more difficult for the appellate court to uphold the ruling as reasonable? (California, United States of America)
What is the law of the case rule on the doctrine of law-of-the case rule? (California, United States of America)
What are the implications of rule 2-200 of the California Medical Association Rule 2,200 for medical malpractice? (California, United States of America)
Does the fireman's rule preclude liability for reckless as and negligent conduct that requires the summoning of a firefighter or police officer? (California, United States of America)
Does a statement by an appellate court of a rule of law necessary to the decision of the case on appeal conclusively establish that rule? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.