Introduction to Fire Safety Management

Defences against claims for compensation due to 
negligence
In the cases of civil actions for compensation for neg-
ligence, the defendant has available the following 
defences:
➤
There was no duty owed to the claimant
– the 
defendant may claim the claimant was not a 
neighbour
➤
There was no breach of the duty of reasonable 
care
– the defendant may claim that all that could 
reasonably be done was done
➤
The loss was not caused by the breach
– the 
defendant may suggest that the loss suffered by the 
claimant was not connected with the breach
➤
Volenti non fi t injuria
– the defendant argues that 
the loss was caused after the claimant had accepted 
the risk voluntarily.
Figure 1.22
Employers are vicariously liable for the actions of their employees

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Fire safety foundations
21
Once the court has established negligence on behalf of 
the defendant, it may then be argued that the claimant 
displayed 
contributory negligence
. In other words that 
the loss was wholly or partly as a result of the claimant’s 
own unreasonable behaviour.
Limitations Act 1980 applies
This Act of Parliament gives a specifi c time period dur-
ing which claims can be made in the civil courts. For 
personal injury cases, this period equates to three years 
from the date of the unreasonable acts which caused 
them, or for industrial diseases three years from the date 
of diagnosis. Any claims submitted outside this deadline 
are not accepted by the civil courts.
1.5
The legal and fi nancial 
consequences of failure to 
manage fi re and health and safety
1.5.1 Legal
The legal consequences of failing to manage safety 
effectively are divided into two key areas, namely, civil 
and criminal breaches, which we will now discuss.