Liability for Fires

Question 1

S1(1) 1943 Act

Answer 1

protects occupiers of all buildings and land from liability for damage caused by fire ‘accidentally occurring’ - not caused intentionally or negligently

Question 2

Woods v O’Connor

Answer 2

D owner of hotel locked doors and windows of P’s room, clear negligence on part of the owner but court accepted that the fire had been accidentally started adn so S1(1) applied

Question 3

Feeney v Andreu

Answer 3

fire started by negligence of independent contractor working on D’s house, held occupier was liable because it was not an accidental fire

Question 4

Nugent v Fogarty

Answer 4

fire caused by plastic bags of clothing left in attic near down lighters, court had to consider whether accidentally covers inadevertence, held 1943 Act does not provide a defence for negligent, albeit unintended conduct, found for P

Question 5

Ramblers Way v Middleton

Answer 5

fire in D’s premises spread and caused damage to P’s premises, fire was caused by heather which was turned off but not plugged out, heater had clear warnings which D did not follow and as such was found liable

Question 6

S18 Fire Services Act 1981

Answer 6

controllers must take all reasonable steps to guard against the outbreak of a fire & to ensure safety of persons