A claim was made after the escape of a fire in a domestic fireplace. The defendant had left the room for two or three hours with the fire burning, with no fire guard or fender,
Held: The use was not a non-natural use for a house, the room was being used ‘in the ordinary, natural way in which the room could be used’. Lord Goddard CJ said: ‘Everybody knows fires occur through accidents which happen without negligence on anybody’s part.’
Judges:
Lord Goddard CJ
Citations:
[1947] 1 ALL ER 344
Jurisdiction:
England and Wales
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 – Williams v Owen QBD 1955
Mr Williams left his car overnight in the hotel garage. A fire broke out and destroyed his car.
Held: The strict liability of an innkeeper was limited to loss of his guest’s goods rather than to their destruction.
As to section 86 of the . .
Lists of cited by and citing cases may be incomplete.
Negligence
Updated: 05 December 2022; Ref: scu.230980
