Statutory Liability for Fire Damage

According to the Heath and Safety code section 13007, any person who willfully or negligently sets a fire, or allows a fire to be set is liable to the owner for property damages caused by the fire.

Liability for Fire Damages

An individual that is protecting his or her own property generally has a right to recover fire suppression costs from the wrongdoer involved in starting the fire. According to the Health and Safety Code Section 13009(a), a landowner is liable for fire suppression costs incurred in fighting certain fires.

The statute states, that any person (1) who negligently, or in violation of the law, sets a fire, allows a fire to be set, or allows a fire kindled or attended by him or her to escape onto any public or private property, (2) other than a mortgagee, who, being in actual possession of a structure, fails or refuses to correct, within the time allotted for correction, despite having the right to do so, a fire hazard prohibited by law, for which a public agency properly has issued a notice of violation respecting the hazard, or (3) including a mortgagee, who, having an obligation under other provisions of law to correct a fire hazard prohibited by law, for which a public agency has properly issued a notice of violation respecting the hazard, fails or refuses to correct the hazard within the time allotted for correction, despite having the right to do so, is liable for the fire suppression costs incurred in fighting the fire.

The damages for emergency services may also be recoverable by an injured party. The fire suppression and medical costs are collectible by the government or private agency incurring the costs in the same manner as an obligation under a contract. Pursuant to the Health and safety code, costs are recoverable only from the person who was responsible for setting or kindling the fire, but were not recoverable from a person who merely allowed a fire on his or her property, not started by him or her, to escape onto another's land. Additionally, a person who set or kindled a fire which was contained within his or her own land was liable for fire suppression costs; the fire did not have to escape to another's land in order for liability to accrue.

Following new legislation of the Health and Safety Code Section 13009(a), liability extends to any person, other than a mortgagee, in actual possession of a structure or any person obligated under the law to correct a fire hazard, including a mortgagee, who fails or refuses to correct a fire hazard prohibited by law for which a public agency properly has issued a notice of violation. The fire suppression law is a compensatory statute that provides recovery for the actual expenses that were lost as opposed to a punitive statute that is directed towards punishment.

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