Cal. Codes » Health and Safety Code / DIVISION 12. FIRES AND FIRE PROTECTION / PART 1. GENERAL PROVISIONS / CHAPTER 1. Liability in Relation to Fires
California Codes

Cal. Health and Safety Code § 13008 (2026)

✓ current as of May 2026
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Any person who allows any fire burning upon his property to escape to the property of another, whether privately or publicly owned, without exercising due diligence to control such fire, is liable to the owner of such property for the damages to the property caused by the fire.

Notes of Decisions
Cited in 2 cases, 1988–1996 · leading case: Elton v. Anheuser-Busch Beverage Grp., Inc., 96 Cal. Daily Op. Serv. 8424 (Cal. Ct. App. 1996).
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Elton v. Anheuser-Busch Beverage Grp., Inc., 96 Cal. Daily Op. Serv. 8424 (Cal. Ct. App. 1996). “” Health and Safety Code section 13008 provides: “Any person who allows any fire burning upon his property to escape to the property of another, whether privately or publicly owned, without exercising due diligence to control such fire, is liable to the owner of such property…”
City of Los Angeles v. Shpegel-Dimsey, Inc., 198 Cal. App. 3d 1009 (Cal. Ct. App. 1988). “II Plaintiff asserts the trial court also erred, in that plaintiff is entitled to recover fire suppression costs pursuant to Health and Safety Code sections 13008 and 13009.”
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