Neighbouring homeowners sued after a residential fire originating in the defendant’s semi‑detached house damaged their property.
One defendant, who was alleged to have caused the fire by careless smoking, did not defend and was noted in default.
The court held that the alleged admission by that defendant to his father was inadmissible hearsay against the co‑defendant homeowner and could not be relied upon to prove causation.
Without admissible evidence establishing how the fire began, the plaintiffs failed to prove negligence on a balance of probabilities, and the fire was characterized as “accidental” under the Fire Protection and Prevention Act, 1997.
The homeowner was neither directly negligent nor vicariously liable for the alleged conduct of his adult son.
