Raymond E. Younger v. United States

Appellants Raymond and Flora Younger (the Youngers) filed this Federal Tort Claims Act suit after two of their minor children died of smoke inhalation on March 24, 1978 when a fire occurred in their Army residence at Fort Lewis, Washington. The Youngers’ two-story Fort Lewis dwelling had no second story fire exit. The Young-ers contend that their daughters’ deaths would have been prevented if smoke detectors had been installed in their Army-provided residence. The Youngers, therefore, brought this wrongful death suit under the Federal Tort Claims Act alleging that the Government was negligent in failing to install smoke detectors, particularly when the house was renovated in 1977 before they moved in.

The United States District Court for the Western District of Washington, Senior District Judge Blumenfeld of Connecticut sitting by designation, granted summary judgment for the United States. The district court held that the United States owed no duty to install smoke detectors in the Youngers’ dwelling and that, therefore, the Government was not negligent. We reverse and remand.

I. ISSUES

Was the United States under a duty to install smoke detectors in the Youngers’ Fort Lewis…