Adams v. State

I must dissent.

The ultimate problem in this appeal is whether the state can be held liable for the failure of its agents to enforce the fire *245safety statutes and regulations. Appellants argue that having voluntarily assumed the task of inspecting for hazards, and by having discovered serious hazards, the agency came under a duty to carry out an abatement of those hazards with reasonable care. It is urged that numerous practical courses of action were available to the state’s agents, but that they negligently failed to pursue any of them.1 Appellants seek to ground liability on the principle…