Hubbard v. Boelt

I dissented from this court’s decision in Walters v. Sloan (1977) 20 Cal.3d 199 [142 Cal.Rptr. 152, 571 P.2d 609] and I continue to believe that the “fireman’s rule” is inconsistent with California’s fundamental statutory and common law tort principles which require all persons to exercise due care to avoid injury to others. (See, e.g., Civ. Code, § 1714; Weirum v. RKO General, Inc. (1975) 15 Cal.3d 40, 46 [123 Cal.Rptr 468, 539 P.2d 36].) Consequently, I would vote to overrule Walters and to abrogate the fireman’s rule altogether.

Even accepting Walters as the governing authority, however,…