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California Civil Code Section 1714.9

Legal Research Home > California Laws > Civil Code > California Civil Code Section 1714.9

1714.9.  (a) Notwithstanding statutory or decisional law to the
contrary, any person is responsible not only for the results of that
person's willful acts causing injury to a peace officer, firefighter,
or any emergency medical personnel employed by a public entity, but
also for any injury occasioned to that person by the want of ordinary
care or skill in the management of the person's property or person,
in any of the following situations:
   (1) Where the conduct causing the injury occurs after the person
knows or should have known of the presence of the peace officer,
firefighter, or emergency medical personnel.
   (2) Where the conduct causing injury violates a statute,
ordinance, or regulation, and the conduct causing injury was itself
not the event that precipitated either the response or presence of
the peace officer, firefighter, or emergency medical personnel.
   (3) Where the conduct causing the injury was intended to injure
the peace officer, firefighter, or emergency medical personnel.
   (4) Where the conduct causing the injury is arson as defined in
Section 451 of the Penal Code.
   (b) This section does not preclude the reduction of an award of
damages because of the comparative fault of the peace officer,
firefighter, or emergency medical personnel in causing the injury.
   (c) The employer of a firefighter, peace officer or emergency
medical personnel may be subrogated to the rights granted by this
section to the extent of the worker's compensation benefits, and
other liabilities of the employer, including all salary, wage,
pension, or other emolument paid to the employee or the employee's
dependents.
   (d) The liability imposed by this section shall not apply to an
employer of a peace officer, firefighter, or emergency medical
personnel.
   (e) This section is not intended to change or modify the common
law independent cause exception to the firefighter's rule as set
forth in Donohue v. San Francisco Housing Authority (1993) 16
Cal.App.4th 658.

Last modified: February 22, 2013