Fire

Deliberate Setting

A person who deliberately sets a fire is liable for all damage which ensues.  He is also guilty of a serious criminal offence; criminal damage. He is also likely to be liable in trespass for damage which follows as a direct consequence of his action.

Accidental Fires

Historically, occupiers have been liable for fire spreading from their property, irrespective of fault.  However, legislation enacted in the early 18th century provided that no action should lie against a person in respect of a fire accidentally commenced in his dwellinghouse.  This was extended to commercial and other properties and buildings by the Accidental Fires Act 1943.

The legislation applies to fires which occur accidentally, without negligence. It requires that there be no negligence on the part of the occupier or persons for whom he is responsible.

The 1943 Act will apply even if there is no spread of fire on the premises. If a person is injured by a fire while on the defendant’s premises, the defendant will not be liable unless he is negligent or has breached a statutory duty.

The legislation immunises occupiers and owners only.   However,  such persons are unlikely to owe strict duties, not being controllers or occupiers.

Nugent v Fogarty [2015] IEHC 523, Kearns P.

“Cases where the courts, applying well established principles of negligence, find that a fire was not caused by negligence are likely to come within the scope of the 1943 Act. A non-exhaustive list of examples might include where there is interference with electrics or wiring by weather or animals, where something enters a homeowner’s chimney and causes a fire, or the spontaneous explosion of an aerosol canister.”

Negligence

Negligence may encompass the starting of the fire or the failure to control it.  Although the occupier may not be liable for the negligence of strangers, he may be negligent in failing to extinguish a fire that is caused by a third party or by natural causes.  What is required of the owner will depend on his particular circumstances, ability and resources.

Apart from the legislation, a person may be liable on general principles, where another is injured by fire as a result of his negligence.  Where there is a fire hazard, the occupier or other people responsible may be liable under the law of negligence for failing to manage it.

An occupier may be liable for persons on the property with his consent, under principles of vicarious liability may apply.  The principle applies in an employment context, but it applies to other relationships.

Fire Services Act Duty

The Fire Services Act places a duty on persons having control of premises used for commercial, educational health, entertainment and certain other purposes to take reasonable measures in respect of the risk of an outbreak of fire. They must ensure, insofar as reasonably practicable, the safety of persons on the premises, in the event of an outbreak of fire.

It is the duty of persons on such premises to conduct themselves in such a way as to ensure that insofar as reasonably practicable, no person on the premises is exposed to danger from a fire as a consequence of his acts or omissions.

No claim may be made against a State Authority, Minister, sanitary authority or its officer for personal injuries or property damage due to failure to comply with the Fire Service Act.

Rescuers

Rescuers who suffer an injury in the course of fire may have a claim in negligence.  The general principles of negligence apply.

Rescuers will not generally be held to have voluntarily assumed the risk or be contributorily liable.  Where the fire is foreseeable, the calling out of rescuers will equally be foreseeable.  In exceptional cases, contributory negligence may apply.

References and Sources

 

Irish Books

Tully Tort Law in Ireland 2014

McMahon & Binchy Law of Torts 4ed 2013

McMahon & Binchy Case Book on the Law of Torts 3ed 2005

Connolly Tort Nutshell 2ed 2009

Quill Torts in Ireland 4ed 2014

Fahey Irish Tort Legislation 2015

Healy Principles of Irish Torts 2006

EU and UK Texts

Lunney, M. and K. Oliphant Tort law: text and materials. 5ed 2013

Peel, Edwin, Goudcamp, James Winfield and Jolowicz on tort 19 ed 2014

Horsey, K. and E. Rackley Tort law. 6ed edition 2019

Deakin, S., A. Johnson and B. Markesinis Markesinis and Deakin’s tort law 7ed 2012

Giliker, P. Tort 5ed 2014

McBride, N.J. and R. Bagshaw Tort law 6ed 2018

Steele, J. Tort law: text, cases and materials 4ed 2017

O’Sullivan, J., J. Morgan, S. Tofaris, M. Matthews and D. Howarth Hepple and Matthews’ tort: cases and materials 7ed 2015

Horsey, H. and E. Rackley Kidner’s casebook on torts 13ed 2015

Clerk & Lindsell on Torts 22ed 2019

Charlesworth & Percy on Negligence 14ed 2019