In April of 2019, a state appellate court issued a written opinion in a California premises liability case discussing the application of the state’s “firefighter’s rule.” Ultimately, the court concluded that the case did not implicate the firefighter’s rule.
The firefighter’s rule is an exception to the general rule that landowners have a duty to ensure that their property is safe for visitors. Originally, the firefighter’s rule applied to firefighters and emergency personnel who put themselves at risk while engaging in the necessary functions of the job. Essentially, the firefighter’s rule prohibits a firefighter from pursuing a claim against a landowner because the firefighter is said to have assumed the risk of injury by agreeing to work in that capacity.
According to the court’s opinion, the plaintiff was a site manager at a home in Beverly Hills. The home was architecturally unique in that there was a cantilevered concrete platform that extended from a steep hill, designed to look as though it was floating. The owner of the property, the defendant, rented the home for special events.