Tort - Liability For Fire

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Liability for fire - Introduction

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Early common law imposed strict liability on occupiers for damage caused by fires started on their property.

A 1715 statute excluded liability for fires started accidentally in homes.

Richardson v. Athlone Woollen Mills (1942): SC refused to extend the 1715 Act to apply to factories.

Accidental Fires Act 1943 provides a more extensive exception to the common law rule, protecting all occupiers of buildings from liability for fires started accidentally on their premises.

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Richardson v. Athlone Woollen Mills (1942)

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SC refused to extend the 1715 Act to apply to factories.

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Accidental Fires Act 1943

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Provides a more extensive exception to the common law rule, protecting all occupiers of buildings from liability for fires started accidentally on their premises.

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Accidental Fires

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What is an accidental fire?

It does include a fire started intentionally (e.g. in a domestic fireplace) which accidentally gets out of control.

It does not include fires started – or let get out of control – negligently.

R v F may also be applicable where independent contractors negligently start fire, provided the fire constitutes non-natural use.

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Kelly v. McElligott (1949)

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Proprietors of a hotel were held liable for injuries to Pl guest caused by a fire started negligently by a hotel employee.

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McKenzie v. O’Neill (1977)

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A company director burned unwanted papers, negligently failed to ensure the fire was out, and wind carried it to neighbouring premises; the company was held liable for the damage. [1943 Act not mentioned]

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Phillips v. Durgan (1991)

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Def hired his sister (the Pl) to redecorate his house, whose kitchen was extremely greasy and had a poorly functioning gas cooker; fire broke out when she boiled water for the purpose of cleaning;

SC found that, because he had failed to warn the Def or provide for safe hot water, the Pl was liable to

(a) the Pl, and

(b) her husband, who was injured when attempting to rescue her.

[1943 Act not mentioned]

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s. 18 of the Fire Services Act 1981

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s. 18 of the Fire Services Act 1981 imposes a duty of reasonable care in respect of prevention of fire; duty is on persons in control of a variety of premises in which large groups of people are likely to be, e.g. schools, hotels, cinemas etc; industrial premises were added to the scope of the Act by means of a 1989 Order.

Safety, Health and Welfare At Work Act, 1989 regulates other workplaces.

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Wood v. O’Connor (1958)

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CC held that Pl bears burden of proving that the fire was not accidental, consistent with general position relating to mens rea in torts;

Quill argues this may be unfair in certain cases where the Pl would have serious difficulty in proving the non-accidental nature of the fire.

Immunity from liability for accidental “damage” under the 1943 Act extends to personal injury.

Some academics argue that immunity should be limited to damage to property.

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Non-Occupiers

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The common law and the 1943 Act relate only to the duty of occupiers.

The duty of other people – i.e. people who actually start the fire – is governed by ordinary tort principles (e.g. trespass, negligence, R v. F etc.)

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s. 36 of the Fire Services Act

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s. 36 of the Fire Services Act 1981 precludes an action being taken against various public authorities for failure to comply with their functions under the Act, qua statutory bodies (actions can still be taken outside of their functions as statutory bodies).