Public Entity Not Liable for Wildfire that Partiers on Entity's Property Caused

In Avedon v. State of California, published July 26, 2010, the Second District Court of Appeal held that homeowners whose homes were destroyed in a wildfire could not sue the state for failure to block off a cave from which the fire originated. The cave, located in a state park, was a popular site for parties and bonfires. One of the bonfires went out of control and caused the wildfire. The plaintiffs alleged that the state maintained a dangerous condition of public property, because it failed to block off the cave despite evidence of partying and bonfires there. The appellate court affirmed dismissal after a demurrer. Absent a defect in the property itself, the conduct of third persons on the property could not constitute a dangerous condition. The state was immune from liability for failing to police the spot better. The plaintiffs’ cause of action for nuisance failed too. Plaintiffs based that cause of action on their contention the cave was a dangerous condition. The cause of action also failed because the state was permitted by statute to maintain the cave and surrounding property.