Employer vicariously liable if worker causes wildfire

Employers can be held vicariously liable under the theory of respondeat superior when employees cause wildfires, the California Supreme Court ruled Monday.

The unanimous ruling allows the California Department of Forestry and Fire Protection to pursue more than $12 million in costs it incurred fighting the 2016 fire in Santa Barbara inadvertently started by an employee of a religious camp. Presbyterian Camp and Conference Centers, Inc. v. Department of Forestry and Fire Protection, 2021 DJDAR 13065 (Cal. Dec. 27, 2021).

"For nearly 150 years, the long-standing history of respondeat superior -- a form of vicarious liability -- has been reflected in both California statutory and common law, pursuant to which, by default, "an employer may be held vicariously liable for torts committed by an employee within the scope of employment," wrote Justice Joshua P. Groban.

Groban's ruling upheld decisions by the Santa Barbara County Superior Court and the 2nd District Court of Appeal, Division 6. It also lifted a stay in the case.

"CAL FIRE is pleased, on behalf of the people of the State of California, that the California Supreme Court unanimously held that Health and Safety Code sections 13009 and 13009.1 incorporate the common law theory of respondeat superior," said agency spokesman Jon Heggie in an email. "As the Court stated, to decide otherwise would misread the plain language of the statutes enacted by the Legislature, undermine the legislative history, and cast aside the goals and purposes that underpin the statutes at issue."

Deputy State Solicitor General Samuel T. Harbourt argued for the state. Daniel J. Gonzalez, of counsel with Horvitz & Levy LLP, represented Presbyterian Camp at oral argument in October. He did not respond to a call and email seeking comment.

Deputy State Solicitor General Samuel T. Harbourt deferred comment to Attorney General Rob Bonta's media relations office, which did not respond to an email.

According to the ruling, the Sherpa Fire began "when Presbyterian's employee removed a smoldering log from a malfunctioning fireplace in one of Presbyterian's cabins." While the employee was moving the log to an outdoor fire pit, embers ignited dry vegetation. The fire burned nearly 7,500 acres and took 2,000 state, local and federal firefighters to extinguish.

Attorneys for Presbyterian argued it should not suffer direct liability because "the fire was not started by an employee's authorized or ratified act or by Presbyterian's failure to act."

Groban disagreed. He wrote the sections of the state Health and Safety Code Presbyterian's attorneys cited allow for liability for "any person 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 to escape onto any forest."

The liability can extend to an employer under respondeat superior. This is a legal doctrine that holds employers are responsible for the acts of an employee if they occur within the employee's scope of employment. Groban also wrote that besides the employee's actions, the agency also cited the company for "numerous forms of negligence and misdemeanor fire safety violations [that] contributed." These included the malfunctioning fireplace, inadequate water and fire extinguishers and failure to clear vegetation around the camp.

"Neither the plain language of the statute nor the legislative history supports Presbyterian's position," Groban wrote. "Moreover, Presbyterian's interpretation of the statutory amendment would undermine the policy goals that motivate the law."