A fire started as the result of the negligent use of a blow torch by an independent contractor, damaging the plaintiff’s property. The use of fire had, therefore, been deliberate. The plaintiff argued that ‘If negligence be shown, it matters not against whom, the fire is not accidental.’
Held: The claim succeeded. The existence of negligence in the defendant’s agent was enough to set aside the operation of the 1774 Act.
Lord Goddard said: ‘The precise meaning to be attached to ‘accidentally’ has not been determined, but it is clear from these last two cited cases that where the fire is caused by negligence it is not to be regarded as accidental. Although there is a difference of opinion among eminent text writers whether at common law the liability was absolute or depended on negligence, at the present day it can safely be said that a person in whose house a fire is caused by negligence is liable if it spreads to that of his neighbour, and this is true whether the negligence is his own or that of his servant or his guest, but he is not liable if the fire is caused by a stranger.
Who, then, is a stranger? Clearly a trespasser would be in that category, but if a man is liable for the negligent act of his guest, it is, indeed, difficult to see why he is not liable for the act of a contractor whom he has invited to his house to do work on it, and who does the work in a negligent manner.’
Judges:
Lord Goddard
Citations:
[1957] 1 ALL ER 156, [1957] 1 QB 496
Statutes:
Fires Prevention (Metropolis) Act 1774 86
Cited by:
Cited – LMS International Ltd and others v Styrene Packaging and Insulation Ltd and others TCC 30-Sep-2005
The claimants sought damages after their premises were destroyed when a fire started in the defendants neighbouring premises which contained substantial volumes of styrofoam. They alleged this was an unnatural use of the land.
Held: To . .
Cited – Stannard (T/A Wyvern Tyres) v Gore CA 4-Oct-2012
The defendant, now appellant, ran a business involving the storage of tyres. The claimant neighbour’s own business next door was severely damaged in a fire of the tyres escaping onto his property. The court had found him liable in strict liability . .
Lists of cited by and citing cases may be incomplete.
Negligence
Updated: 30 April 2022; Ref: scu.230982
