PHOENIX — Residents of Yarnell who lost their homes in a 2013 blaze have no legal right to sue the state for failing to save their homes, the Arizona Court of Appeals ruled Thursday.
The court rejected the homeowners’ contention that the state, while trying to contain the wildfire that started on public land, had a duty to also protect the homes. Judge Kent Cattani, writing for the unanimous court, said that is not true.
The judge said forcing the state to defend private properties simply because it already is fighting the fire on public lands “would lead to perverse incentives.”
“Prevention and suppression of wildfires — like the emergency response to any natural disaster — is a fundamental public safety obligation,” Cattani wrote. “Public policy should encourage a prompt and efficacious response from the state.”
But if public officials have to fear that deciding to fight a fire would impose liability for damages, “The state could shield itself from liability by simply doing nothing,” Cattani said. “Such a result is contrary to the overriding needs of the public.”
The fire destroyed more than 120 homes and resulted in the deaths of 19 firefighters.
