Donohue

Robert Donohue, a San Francisco firefighter, brought this action for personal injuries after he slipped and fell on wet, slick stairs during an unannounced fire safety inspection of a building owned by the San Francisco Housing Authority (SFHA). The California Supreme Court remanded this case for reconsideration in light of Knight v. Jewett (1992) 3 Cal.4th 296 [ 11 Cal.Rptr.2d 2 , 834 P.2d 696 ] (Knight), after we had affirmed summary judgment in favor of SFHA by applying traditional common law principles regarding assumption of the risk. Upon reconsideration in light of Knight , we conclude that assumption of the risk no longer presents an absolute bar to plaintiffs recovery, but in this factual setting constitutes a mere variant of the doctrine of contributory negligence. We will therefore reverse the judgment of the lower court.

Background

The facts are basically undisputed. Plaintiff Robert Donohue was employed as a firefighter with the San Francisco Fire Department from 1955 until his retirement in March of 1987. On March 26, 1986, in his capacity as battalion chief, plaintiff conducted a fire safety inspection of a low rise apartment building owned by SFHA. The…