Calatayud v. State of California

Opinion

BROWN, J.

Under the common law doctrine known as the firefighter’s rule, the public’s liability is limited. One who negligently causes the event to which a police officer responds owes no duty of care with respect to the initial negligent act. (Walters v. Sloan (1977) 20 Cal.3d 199, 202 [142 Cal.Rptr. 152, 571 P.2d 609].) Thus, the officer may not sue for injury proximately caused by that original negligence. By statute, however, this limitation on liability does not extend “[w]here the conduct causing the injury occurs after the person knows or should have known of the presence of’ the…