When a member of the public deliberately starts a fire, does he or she owe a duty of care to the fire service?

California, United States of America


The following excerpt is from Calatayud v. State of California, 55 Cal.App.4th 295, 64 Cal.Rptr.2d 255 (Cal. App. 1997):

"As a general rule, persons have a duty to use due care to avoid injury to others, and may be held liable if their careless conduct injures another person." (Knight v. Jewett (1992) 3 Cal.4th 296, 315, 11 Cal.Rptr.2d 2, 834 P.2d 696.) The firefighter's rule is an exception to that general duty. "[A] special rule has emerged limiting the duty of care the public owes to firefighters and police officers. 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. [Citations.]

Page 260

Other Questions


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)
Is a city's Police and Fire Department (police and fire service) subject to the control of the California Fire and Rescue Service? (California, United States of America)
Does a member of the public who negligently starts a fire owe any duty of care to the firefighter? (California, United States of America)
How have the jury been instructed to interpret the meaning of deliberate deliberate deliberate use of the word "deliberately" in the dictionary? (California, United States of America)
Does section 1089 of the California Criminal Code require a jury to disregard all previous deliberations and disregard all past deliberations and begin deliberating anew? (California, United States of America)
Can a public safety officer's investigation by his commanding officer or other member of the employing public safety department that could lead to punitive action? (California, United States of America)
Does section 845.3 of the California Fire Protection Act, section 850.4, grant absolute immunity to a police officer for failing to provide adequate fire protection services? (California, United States of America)
What is the test for deliberate, deliberate or even deliberate action in an assault case? (California, United States of America)
What is the test for deliberate, deliberate, and/or deliberation in the context of an attempted murder case? (California, United States of America)
Is it a crime for anyone to engage in a lewd act in any public place open to the public or exposed to public view? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.