The HSE denies it was negligent after a house provided by it for a vulnerable young woman was set on fire by another person.
The fire happened shortly after the woman was told she was being evicted for antisocial behaviour.
A woman who owned an adjoining property damaged by the fire in Athlone, Co Westmeath, in 2005, is suing the HSE and the Child and Family Agency claiming they were negligent because they allegedly knew the woman – referred to as Ms X – had a propensity for criminal conduct. The homeowner is also suing the landlord of the property claiming both defendants failed to change the locks with the result that Ms X got back into the dwelling and a party took place during which a partygoer set fire to the house.
€40,000 for repairs
The High Court heard the plaintiff is claiming €40,000 for repairs and loss of contents. She has been out of her home since then and is also claiming for renting an alternative home.
The HSE and landlord both deny the claims and say there was nothing they could have done to prevent the person who set fire to Ms X’s house because the house was broken into after the keys were handed back. The arsonist, a minor who was never charged, also admitted setting fire to another premises on the same night, the court heard.
The HSE also says that because Ms X was over 18, its control over her was limited. It says she was a vulnerable young woman who was more at risk of self-harm than a risk of harm to others. The court heard she came from a deeply troubled background with a history of substance abuse.
The hearing was adjourned until tomorrow.