Legal Question in Real Estate Law in California

Conducting Fire Department Drills on Property without Consent

I had a vacant property under construction. Due to limitation of funds, the construction was ceased for a few years. During this period of time, the fire department had been conducting drills/practices on the property. Neighbors have witnessed that the firemen had opened the construction gate to get access into the property and they did not secured the gate when the drills are over.

A fire happened on June 29, 2001 and totally destroyed the structure on the property. The property had to be sold for land value only. Given that the owner was not notified about the drills (violation of municipal code sec. 57.01.24), and that the construction gate had not been secured after the drills, what could the fire department be held liable for?


Asked on 9/18/01, 1:57 pm

1 Answer from Attorneys
Roy Hoffman Law Offices of Roy A. Hoffman

Re: Conducting Fire Department Drills on Property without Consent

Perhaps trespass, possibly somehow contributing to your loss. However, you will first be required to file a claim with the city, which may or may not be approved. If not approved, the city may or may not give you permission under the Tort Claims Act to sue them.

You should probably make an appointment to discuss this matter in detail with an attorney near you. In order for anyone to give you any meaningful answer to your question, much more information would be needed.

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Answered on 11/06/01, 2:20 pm


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