Legal Eaze #65 Snowed In Driveway/Firefighter's Rule

Title: March 14, 2007

Q. I live in one of the private communities around Tehachapi. One thing that really irritates me is that the snow removal truck used by the community where I live always pushes the snow on both sides of the street, creating an enormous mountain of snow directly in front of our driveway. This snow is really packed because it has been dragged several feet by the snow scoop in front of the truck and difficult to shovel away. What is worse is that sometimes we have to park the cars in the street because we are unable to get onto our property, then the cars get buried in the snow. Is there anything we can do to prevent that from happening?

A. Welcome to snow country! Do you realize that your problem is the same problem every family living in areas that get snow in the winter has to face every year? Sometimes, there is so much snow that it must be pushed aside for the greater good. Streets must be rid of snow so that cars can get through. Obviously it would be difficult for city or community workers operating snow ploughs to clean every private driveway and would never be able to complete their task of cleaning the streets. It is more time efficient for each family to be responsible for the clearing of its own patch of driveway rather than impose that duty to the city or community. In this instance, the discomfort of a few does relieve total closure of the community roads.

Q. Last year, I worked for a veterinary clinic in the Antelope Valley. About 4 months ago, I was bit by a pit-bull while trying to clean up its cage. The wound was deep and is still very painful. Can I sue the owner of that dog?

A. No you cannot. There is an exception to dog bite laws called the “firefighter’s rule” which is a specific application of the doctrine of assumption of risk. Under the firefighter’s rule, persons whose work necessarily exposes them to certain types of risks created by third parties may not sue those third parties when those risks are realized and lead to personal injury. The idea is that a firefighter, for example, should not be able to sue for injuries resulting from a fire when fire is the precise danger the firefighter is employed to confront. By the same token, a veterinarian or kennel worker ordinarily cannot sue for animal bites since vets and kennel workers are paid precisely because of their expertise in handling animals and their willingness to be exposed to those risks.

Maxine de Villefranche is an attorney and civil general practitioner with 14 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880

Legal Eaze #5 Tree Roof Damage/ Sick Puppy

Originally Printed: September 1, 2004

Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She moved to Tehachapi in June 2003 and resides in Alpine Forest. She operates her law practice from her home office and also has a satellite office in Lancaster. She will answer legal questions posed to her by the readers, to the best of her abilities.

Q. My neighbor has a tree with large branches overhanging my roof. In the past, some of these branches have caused damage to my roof on windy days. I have asked my neighbor to do something about his tree, but he refuses to do anything. What can I do?
A. You have the right to abate this nuisance by cutting off the offending branches. However, you cannot cut off more than necessary and you must be careful not to cause an imbalance that will eventually cause the tree to die or to fall down to the other side. Obviously, it would be to your neighbor’s advantage to cooperate in hiring a professional to deal with the tree. I would suggest that you contact an attorney to write a strong letter to your neighbor and make him aware of his liability for the damage caused to your roof and to reach a consensus as to how the offending branches should be removed. The cost of hiring a tree professional should be borne by the owner of the tree.
Q. I purchased a cute puppy from a pet store. Two weeks later, it was diagnosed with Parvo disease. I was expensive to save the puppy’s life. What should I do?
A. If a licensed veterinarian has made a written diagnosis within 15 days after the dog was purchased to the effect that the dog became ill due to any pre-existing illness or disease, you may return the dog to the store for a refund of the purchase price and reimbursement of reasonable veterinary fees for diagnosis and treatment in an amount not to exceed the original purchase price. As an alternative, you may get another dog of your choice and of equal value, plus reimbursement of the veterinary fees. If you choose to keep the dog, you can still be reimbursed for reasonable veterinary fees in an amount not to exceed 150% of the original purchase price of the dog. Lastly, if the dog dies as a result of the same illness or disease, regardless of the date of its death, obtain a refund for the purchase price, or a replacement dog of equivalent value and reimbursement for veterinary fees in an amount not to exceed the purchase price of the dog. The same goes for a dog with a congenital or hereditary condition diagnosed by a veterinarian to suffer or have died from this condition within one year of its purchase.
Forward questions to maxinedev@msn.com , drop questions at the Tehachapi News, located at 411 N. Mill St., or send them to POB 1840, Tehachapi, CA 93581