City owes no duty to provide enough water to suppress fire

By Eric L. Lewis

A city owes no legal duty to provide water service to owners of a recreational vehicle that caught fire, the Washington Supreme Court has held.

In Fisk v. City of Kirkland, no. 79573-8 (Oct. 23, 2008), Calvin and Gloria Fisk were driving their RV on Interstate 405 near Kirkland. They smelled something burning, pulled over, and discovered that the RV was on fire. They called 911. The Kirkland Fire Department responded and tried to connect to a nearby fire hydrant, but the hydrant did not have adequate water pressure. The inadequate water pressure delayed the suppression of the fire, and the Fisks sustained more than $146,000 in property damage.

The City of Kirkland provided water to fire hydrants within the City. The Fisks sued the City, alleging that it had negligently failed to ensure that the fire hydrant was capable of providing enough water to suppress the fire and thus caused their damages. The City answered that it had no legal duty to provide the water. The trial court agreed with the City and dismissed the action.

The Fisks petitioned for direct review to the Washington Supreme Court, which accepted review.

The Fisks argued that RCW 80.28.010(2) requires a water company to furnish service that is “safe, adequate and efficient.” Another section of the statute states that if the company fails to do so, it is liable for damages that result from that failure.