Thesis:

Civil liability of the fire department regarding unforeseen events

The purpose of this study is to examine the foundations and limits of the civil liability of the fire and rescue organization in dealing with unexpected events, and to clarify the conditions under which this organization is held liable for damages incurred by individuals or property. The research method adopted is descriptive–analytical, based on a review of library resources, relevant statutes and regulations—particularly the Civil Liability Act and the Municipalities Act—as well as the general rulings of the Administrative Court of Justice. In this regard, concepts such as fault, causal link, force majeure, administrative omission, and obligation of means have been analyzed. The findings indicate that the civil liability of the fire department within the Iranian legal system is not absolute or unconditional; rather, liability essentially depends on establishing fault, negligence in performing statutory duties, unjustified delays in emergency response, or deficiencies in equipment and facilities. Moreover, where an incident results from a forcible, unforeseeable, and unavoidable situation, and the damage cannot be attributed to the organization’s act or omission, civil liability is negated or restricted. Nevertheless, the existence of statutory obligations in the field of urban safety—particularly regarding fire prevention—renders the organization accountable for any failure to take necessary measures. The study concludes that the civil liability of the fire and rescue organization must be assessed on the basis of a strict distinction between risks arising from unexpected events and organizational or operational errors; therefore, establishing liability requires case-by-case examination, precise expert assessment, and proof of a causal link between administrative negligence and the harm sustained.

Keywords: Keywords: Civil Liability, Fire and Rescue Organization, Unexpected Events, Force Majeure, Fault, Causal Link, Municipal Law