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Sochacki v Sas [1947] All ER 344

The defendant was a lodger in the claimant’s house. He lit an open fire in his room and then went out. Unfortunately a spark jumped from the fire and set the room alight. The fire spread to the rest of the house and the claimant brought an action against the defendant based on liability arising under Rylands v Fletcher.

Held:

The defendant was not liable. Whilst the fire was likely to do mischief if it escaped, the use of an open fire in the claimant’s fireplace was not considered a non-natural use of land.
Back to lecture outline on liability under Rylands v Fletcher in tort law