The High Court has held the Health Service Executive liable in negligence for damage caused by a deliberate fire at a house in Athlone, finding that the HSE had wrongly judged a vulnerable young woman suitable for independent living.
The judgment by Mr Justice Hogan, delivered on 30 September 2014, concerns a fire at No. 10 Percy Cottages during the early hours of 1 October 2005. The blaze spread to adjoining No. 11, owned by Teresa Ennis, causing substantial damage. The judgment says other nearby houses also suffered smoke damage.
The young woman, identified in the judgment only as Ms A, had been placed in the rented house with HSE support shortly after turning 18. The court found that she had a troubled history, had repeatedly absconded from care and was not suited to independent living. It also found that, in the weeks before the fire, the property was damaged and neighbours complained about noise and late-night parties.
The tenancy was terminated on 29 September, and the court found that Ms A had left the house by early evening the following day. She later left her care residence with her younger sister and did not return when staff asked her to. The judgment records that staff contacted Gardaí and tried unsuccessfully to locate her. Ms A and others later returned to the vacant house for a party. The judge found that two male companions most likely entered unlawfully and deliberately set fire to mattresses. The young men are not named in this article.
The HSE argued that it was not responsible for the independent actions of Ms A or her companions, that the tenancy ending and the return of the key broke the chain of causation, and that imposing a duty of care could discourage services from helping vulnerable young adults. The court rejected those arguments. It found a special relationship arose from the HSE’s statutory assistance to Ms A, including arranging accommodation and monitoring her stay. The judge concluded that it was foreseeable the property could be damaged and that it was fair and reasonable to impose a duty of care.
The court held that the HSE was negligent in deciding Ms A was fit for independent living and in failing to tell the landlord about her background and propensities before the tenancy. It dismissed the negligence claim against landlord Jarlath Egan, finding no basis for liability against him. The judgment concludes that Ms Ennis is entitled to damages from the HSE for her loss and damage, but does not state an amount or set out a separate damages assessment or order.