Family of dead fireman sue for £700,000

Thursday 27 September 2012

The family of a firefighter killed in the line of duty more than three years ago are suing his bosses for £700,000, and want a jury to hear the case.

Ewan Williamson's mother and sisters claim that his watch manager "failed to exercise reasonable care" for his safety, alleging that several errors took place that night as firefighters tackled a pub blaze.

Mr Williamson was confused and suffering from heat exhaustion, having been given about 10 minutes to recover before being asked to re-enter the building, they claim.

The "failures" caused his death, the family says, and have raised a legal action against Lothian and Borders Fire and Rescue board at the Court of Session in Edinburgh.The allegations are denied by the board. It is contesting the action and maintains that the sums being sought are excessive.Mr Williamson, of Blackthorn Court, Edinburgh, died on July 12 2009 as he fought a blaze at the Balmoral Bar in the city's Dalry Road. He was 35.It is the first firefighting death in the history of Lothian and Borders Fire and Rescue Service.A short hearing to address the next steps to be taken in the case took place before a judge.Legal papers lodged with the court outline the claims put forward by the firefighter's mother Linda Williamson and sisters Rachel and Rebecca Williamson.They are each seeking £200,000 and the expenses of the action. A further £100,000 is being sought by Linda and Rebecca, as executrices of the firefighter's estate.Firefighters were called to the scene at 12.38am that day and, around eight minutes later, two breathing apparatus teams, including Mr Williamson, were ordered into the building by watch commander (WC) Tim Foley, it is claimed.Unable to locate the fire, they emerged from the building at 1.07am and Mr Williamson's team was "recommitted" to the bar by WC Foley at 1.17am, it is claimed.An emergency was said to have been declared at 1.34am when it appeared that Mr Williamson was trapped in toilets in the building.It is alleged Mr Williamson earlier told the watch commander: "I'll be there in a minute boss, I think I'm stuck in a toilet." He was allegedly later heard on the radio to say: "I'm stuck, I'm stuck."A team sent in to find him "did not have any firefighting equipment or any breaking tools with them", his family says.They got to the toilets but were unable to open the door and had to return to the entrance of the bar when the floor collapsed, it is claimed.Cutting equipment is then said to have been used for just under half an hour, before Mr Williamson was removed from the building at 3.03am and taken to Edinburgh Royal Infirmary where he was pronounced dead 18 minutes later.Mr Williamson did not have a long enough break before going back into the building, the family claims."An ordinarily competent fire officer exercising reasonable care would not have re-committed the deceased after such a short rest," legal papers state.WC Foley "did not maintain effective fire ground communications with his crews" and "did not form and adhere to an effective ventilation plan" during the incident, the family alleges."The said WC Foley failed to exercise reasonable care for the safety of the deceased and by his failures caused the death of the deceased. But for said failures in duty the deceased would not have died," the family states in the legal papers.The allegation is denied by the fire board.In court, Manus Blessing, representing the Williamson family, told a judge that they want the case to be heard by a civil jury.The fire board wants it to be heard by a judge.Lord Stewart continued the motion for a month to allow the defenders to outline their position.

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Family of dead fireman sue for £700,000

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