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I have a question. If a home owner pays the fee they are technically entering into a contract with the fire department for a service.
If you do not pay the fee, then there is no contract made.
Let's say the fire department responds to the scene for the sake of protecting the house next door (who did pay their fee). Now, let's say they take the man up on his offer that he'll pay "anything" for them to "save" his house. And let's say the fire department does put out the fire at this guy's house.
First off, since there is no contract between the man and the fire department, he is not legally obligated to pay them anything. These days, verbal agreement will typically not hold up.
Also, what's to stop the home owner once they've put out the fire from suing the fire department? They provided a service that he technically did not request (on paper). And I imagine there's a lawyer out there that will find some loophole and make the case that the majority of the losses his house sustained could have been prevented if the fire department had responded to his initial phone call and provided that service sooner.
I will freely admit, I'm no legal expert, but I've always understood that the "good samaritan" act only covers non-professionals from liability. An on-the-clock first responder can't jump in and help in this case without becoming legally liable.
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