SCS At this debate on a preliminary plea the court was asked to decide if Grampian Fire and Rescue Service owed a duty of reasonable care to Mr Burnett when fighting a fire which caused to his property. Mr Burnett raised the action in 2002.
Held: Lord Macphail decided that if the circumstances of the fire were as Mr Burnett claimed them to be, Grampian Fire and Rescue Service would owe himdid have a duty of reasonable care at common law.
Judges:
Lord Macphail
Citations:
[2007] ScotCS CSOH – 03
Links:
Citing:
Applied – Duff v Highland and Islands Fire Board SCS 3-Nov-1995
(Scots) Firemen were not immune from suit for negligence as are police; no discretion. Lord Macfadyen observed obiter that he would have rejected a submission that the defenders did not owe to the owners of property affected by a fire which they . .
Not followed – Capital and Counties Plc and Another v Hampshire County Council; Etc CA 20-Mar-1997
Three cases were brought against fire services after what were said to be negligent responses to call outs. On one, the fire brigade was called to a fire at office premises in Hampshire. The fire triggered the operation of a heat-activated sprinkler . .
Cited by:
Cited – Michael and Others v The Chief Constable of South Wales Police and Another SC 28-Jan-2015
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
Lists of cited by and citing cases may be incomplete.
Scotland, Local Government, Negligence
Updated: 09 July 2022; Ref: scu.247657