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 1774 Act, he said: ‘I think that this liability of the innkeeper was a custom of the realm. It is true it is embodied in common law rules, but then common law is the legal expression of custom, and it seems to me that that also would be an answer in this particular case. I suppose that by 1774 the legislature had appreciated what Lord Goddard CJ laid down in Sochacki v Sas: ‘Everybody knows fires occur through accidents which happen without negligence on anybody’s part.’ Parliament in 1774 apparently thought it right that they should make it plain that whatever customs or usages there were to the contrary, in this country a man should not be held to be responsible for a fire which occurred accidentally – which I take to mean ‘without negligence on his part.’
Those are two points which I think would be enough to decide that there is in this case no absolute liability on the part of the innkeeper, first, because there was injury to the car and not theft or loss; and, secondly, because, in any event, as it was a fire the Act of 1774 would limit the liability of the innkeeper, so far as a fire is concerned.’
Finnemore J
[1955] 1 WLR 1293
Fires Prevention (Metropolis) Act 1774 86
England and Wales
Citing:
Cited – Sochacki v Sas 1947
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 . .
Cited by:
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, Torts – Other
Updated: 04 December 2021; Ref: scu.512184