Business case:

Mrs. Rusholme hired Saunders and Watts Ltd. to refinish the floors in a few rooms of the Red Deer, Alberta, home that she and her husband owned. She informed Mr. Saunders that she and her husband would be on vacation and that she would give her neighbour, who lives next door, a key for the employees. She requested Saunders to give her neighbour the key so she could close the windows after the floors were dry and to leave the windows half open for ventilation. The Rusholmes' residence had gas service. A gas stove with a pilot light (a small flame that is always on and will ignite the burners or oven when the burners or oven are turned on) was one of the appliances.

DANGER-FLAMMABLE

Do not smoke. Adequate ventilation to the outside must be provided. All spark-producing devices and open flames (furnaces, all pilot lights, spark producing switches, etc) must be eliminated in or near working areas. Avoid prolonged breathing of vapours. Wear a vapour cartridge mask. Replace cartridge before saturation.

On completing their work Saunders and Watts discussed what they should do about the doors and windows they had opened to allow the vapour to escape. Saunders recalled a reference to a recent case he had read about in the newspaper in which repairers who had left doors open after they had finished their work had been held liable in damages when thieves had entered and stolen valuable contents. The two men then closed all the doors and windows and left the key on the kitchen table beside the stove.

About 8 hours after Saunders and Watts left, an explosion occurred in the house and it was seriously damaged. On returning home from their vacation the Rusholmes found their home in ruins, and were dismayed to discover that they had neglected to renew the fire insurance policy, which had expired only a few days before they had left on vacation.

The Rusholmes brought an action for damages against the firm of Saunders and Watts Ltd. and against Standard Household Products Ltd.

As you have been retained by the Rusholmes as their lawyer - advise them on what unintentional tort would most likely be the basis of their lawsuit and what has be established by them in order to be successful. Please anticipate any defences that either defendant could raise and whether vicarious or primary liability applies.