Fire Brigade broke down wrong door

james123

Hi

Not sure if this is the right forum if not please move.

Have an apartment in a block I wasnt in at the time of the incident. Someone, dont know who yet called the fire brigade because a window of an apartment was swinging in the wind, guess they thought it would break and cause a safety hazard.
Someone, dont know who yet, let them into the apartment block and the firemen broke down the door using a battering ram, only my apartment did not have the open window, it was my neighbours who was away. They then broke down her door, both doors and frames are write offs. Both left open for anyone to rob apartments until I came back several hours later.

I havent been able to get a hold of anyone yet as all closed over the weekend and waiting on callbacks now.
My question is who is liable to pay for the damage?

whippet

This happened my brother a few years back .. for a gas leak that wasn’t anything to do with his apartment.

He ended up getting nothing from the guards who kicked the door in .. had to pay for a new door and frame himself.

He was living abroad at the time so probably didn’t have the resources to kick Up too much of a fuss in person. But had to get door replaced urgently and once it was fixed no one wanted to talk to him

Dial Hard

I would imagine the fire brigade are exempt from liability for damage caused in the course of their work, they wouldn't be able to operate otherwise.

I suspect this is one for your home insurance, tbh.

kennethsmyth

Dial Hard wrote: »

I would imagine the fire brigade are exempt from liability for damage caused in the course of their work, they wouldn't be able to operate otherwise.

I suspect this is one for your home insurance, tbh.

As you say they would be only exempt from liability for damage caused in the course of their work. In this case there is a case of negligence. I would firstly persue this and let them know it will not be let lie.

emeldc

Dial Hard wrote: »

I would imagine the fire brigade are exempt from liability for damage caused in the course of their work, they wouldn't be able to operate otherwise.

I suspect this is one for your home insurance, tbh.

So if they kicked in half a dozen doors looking for the open window would they really not be liable for any of them. I doubt it.

Samuel T. Cogley

State claims agency AFAIK

Edit maybe that's just for when the guards do it as I dont see the fire brigade listed.

banie01

kennethsmyth wrote: »

As you say they would be only exempt from liability for damage caused in the course of their work. In this case there is a case of negligence. I would firstly persue this and let them know it will not be let lie.

One would wonder what miigation is afforded by emergency and imminent danger in the case of "negligence"?

whippet

its like the problem with the good samaritan at road traffic accidents.

Someone goes to the aid of someone who has had an accident - offers a seat in their car for warmth and shelters while waiting on the emergency services. Fire Brigade arrive and decide they can't risk moving the patient from the car without cutting the roof off.

So the good samaritan's car has it's roof cut off - and is left with a written off car; which isn't covered by insurance.

https://www.thejournal.ie/crash-leitrim-emergency-services-car-paul-egan-3234577-Feb2017/

from the article

Emergency services can not be held liable for the destruction of personal property in emergency situations, meaning that Egan is now minus a car and reliant on the two insurance companies involved.

but no citation as to legality of this statement

Panjandrums

Check with your management company.

I would be concerned if an apartment owner in a block could replace their own front door.

The risk that an inferior fire rated door is used is high.

kennethsmyth

banie01 wrote: »

One would wonder what miigation is afforded by emergency and imminent danger in the case of "negligence"?

imminent danger in the right apartment, getting it wrong is negligent in this senario. Reason is they could of put a cordon around the area that the glass might fall on so they had the time to investigate properly and identify correct apartment

james123

whippet wrote: »

its like the problem with the good samaritan at road traffic accidents.

Someone goes to the aid of someone who has had an accident - offers a seat in their car for warmth and shelters while waiting on the emergency services. Fire Brigade arrive and decide they can't risk moving the patient from the car without cutting the roof off.

So the good samaritan's car has it's roof cut off - and is left with a written off car; which isn't covered by insurance.

https://www.thejournal.ie/crash-leitrim-emergency-services-car-paul-egan-3234577-Feb2017/

from the article



but no citation as to legality of this statement

Oh my god, the poor fella!

james123

Panjandrums wrote: »

Check with your management company.

I would be concerned if an apartment owner in a block could replace their own front door.

The risk that an inferior fire rated door is used is high.

The fire brigade are covered under the fire services act so cant be sued for any damage done which could impede a job. Saying that if I pushed them I could have probably got something out of good will.

Either way the management company has stepped up and are sorting out the door.

Thank you for everyones advice it was very helpful.

kennethsmyth

james123 wrote: »

The fire brigade are covered under the fire services act so cant be sued for any damage done which could impede a job. Saying that if I pushed them I could have probably got something out of good will.

Either way the management company has stepped up and are sorting out the door.

Thank you for everyones advice it was very helpful.

Its funny you mentioned "so cant be sued for any damage done which could impede a job" as your door was not impeding their job!

Claw Hammer

kennethsmyth wrote: »

Its funny you mentioned "so cant be sued for any damage done which could impede a job" as your door was not impeding their job!

The fire brigade are excused from liability from what might be negligent action on public policy grounds. It is generally considered that the have immunity from suit because otherwise they would be taking more care and slowing down in reacting to emergencies. It is considered that it is the lesser of two evils that they have such immunity. A broken door can be repaired a lost life cannot be brought back. How would you fell if you were on top of a burning building with the flames moving steadily towards you and your only hope being a rescue by the fire brigade within 30 seconds if you heard them say, "hold on there a minute, are you sure we have the right door?"

deandean

OP just wait until you get a bill from the Fire Brigade for their attendance!

james123

deandean wrote: »

OP just wait until you get a bill from the Fire Brigade for their attendance!

Did cross my mind but would think that would go to the neighbour not me