Facts
- The fire service knew of a faulty fire and had sent a letter asking for rectification. They took no further action.
- The claimant becoame the new owner of the property, and did not know about the dangerous fire place, using it anyway
- A fire broke out from the faulty fire place, damaging the claimant’s property
Issue
- Did the fire service have a duty to follow up the fault with the new owners
Decision
- No duty
Reasoning
- Although there is a statutory duty which enables the fire service to do anything to prevent fires, they do not have an obligation to do anything
