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mespilus-
not entirely sure what you are asking here?
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Its not like its deliberately more flammable. its just not inflammable, for some applications this would be fine. Outbuildings, standalone walls etc. It's not really down to the manufacturer to decide what's used on a project, they just make the stuff.
You don't get Smith and Wesson getting blamed when someone is shot
fidbod
PhilDAS
no 'duty of care' on the manufacturer. they may have a product liability if the product was not in line with advertised specs.
A much more likely question is whether the parties that specified and approved the cladding were negligent in performing their contractual duties when making the recommendation to use that particular specification of cladding.
The only people that might have a duty of care is the building's managing agent, but that is beyond my knowledge