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LMS International v Styrene Packaging and Insulation [2005] EWHC 2065  High Court

 

A fire started in the defendant’s factory. The factory contained a large quantity of flammable material. The fire services arrived within 5 minutes of being alerted, however, the fire spread to the claimant’s adjoining property. The claimant brought an action based on Rylands v Fletcher, nuisance and negligence.

Held:

The defendant was liable under the principle in Rylands v Fletcher as it had accumulated things which were a known fire risk. They were stored in a position close to hot wire cutting machines which made ignition more likely and where any fire was likely to spread. The storage represented a recognisable risk to the claimant and a non-natural user of the land. The defendant was also liable in negligence and nuisance.
 
Back to lecture outline on liability under Rylands v Fletcher in tort law
Back to lecture outline on nuisance in tort law