Task:
Late one night a fire broke out at Milo’s house after it was struck by lightning. Milo’s girlfriend Fizz, who was staying there overnight, telephoned the South Bank Fire Brigade for help. Her call was transferred to Fireman Sam who initially refused to attend, as it had been snowing, and he did not want to have to go out in the cold. When Fizz eventually persuaded him to attend, he arrived with his fire crew but failed to follow usual fire-fighting procedures, and the fire was not brought under control for many hours. Milo’s house was ruined.
Fizz was badly burned in the fire. Milo was in Jake’s pizza restaurant on the other side of town watching a live football match, when the coverage was interrupted to bring a news flash about a fire in Milo’s street, stating that people were trapped. Milo rushed home, arriving 4 hours after the fire first started, to see Fizz being pulled from the badly damaged house.
Milo suffered from unusually severe post-traumatic stress disorder, that was worsened by his failure to take his prescribed medication. Whilst waiting at the hospital for an appointment with his psychiatrist he suffered further injuries when he was caught up in a terrorist attack on the hospital.
Milo wishes to bring an action in respect of Fireman Sam’s negligence, seeking compensation for the damage to his house and all of his own injuries.
i) Explain whether Milo is owed a duty of care (40 marks)
ii) On the assumption that a duty of care existed, explain whether there was a breach of that duty (25 marks)
iii) Explain how Milo could establish causation (20 marks)
iv) Explain whether Milo’s losses are the kind that are recoverable or whether his damage is too remote. (5 marks)
v) Explain whether there are any defences that could be raised (5 marks)
vi) If Fireman Sam is negligent, explain how the South Bank Fire Brigade could be made liable (5 marks)
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