Analysis Of Sam Clover 's ' Clover ' Essay
Our client, Sam Clover (“Clover”), is a battalion chief for the Los Angeles County Fire Department (“LAPD”) and a thirty-four-year employee of the LAFD. On March 4th, 2016 Clover arrived home from work and found his home on fire. After alerting the LAFD, Clover entered his home and rescued his wife from the fire. Unfortunately, a part of the roof collapsed on Clover and injured him. Clover was diagnosed with smoke inhalation, a separated shoulder, and burns on both legs that required intensive treatment. The fire that spread to Clover’s home was started by Clover’s next-door neighbor, David Soul (“Soul”).
This memorandum addresses whether the firefighter’s rule compels a determination that Soul owed no duty of care to Clover. This court will likely conclude as a matter that, because a relationship was never established to exonerate Soul from his duty of care to Clover, Soul is liable for the injuries Clover received when Clover rescued his wife from the fire Soul caused.
II. Question Presented Although Soul failed to establish a relationship that could have exonerated him from the duty of care owed to Clover during the rescue attempt, does the firefighter’s rule compel a determination that Soul owed no duty of care to Clover?
III. Brief Answer
A court will likely conclude that Soul was not exonerated from the duty of care he owed Clover. In situations where a person’s negligence necessitates a rescue attempt by another person, the negligent person…