January 1st, 2007
A 93-year-old woman has won £100,000 damages after her house was devastated by fire.
The lady had to move out of her home in Saltdean, for two years after the blaze.
The fire was started by temporary lighting in the loft when the house was being re-wired in June 2002.
The lady was away in North Wales while the work was carried out.
She sued the electricians for the cost of re-building work. The Judge awarded her damages of nearly £100,000 at a hearing in the High Court.
He ruled that the fire was started as a result of temporary lighting in the loft being “inadvertently left plugged in” overnight.
The electricians had both assumed the other had turned them off before they left, the court was told.
The judge ruled that although the claimant could not prove the exact way the fire started, she had still proved her case.
He said that “no other cause had been shown that was as likely as the claim that the electricians failed to check that insulation on the lighting was not unacceptably damaged”.
The Judge said that fire experts had concluded that the fire spread from “festoon lighting erected as a temporary measure” in the loft.
He added: “I am satisfied that the festoon lights were inadvertently left plugged in.
“Each tradesman assumed that the other had unplugged them.
“In a kitchen, in daylight on a June afternoon they may well have been unaware that the festoon light was still on in the loft when they locked up.”
The claimant was also awarded £3,000 for inconvenience and distress as part of the damages.
The Judge said this was for: “Distress suffered by being forced to live other than in her home for several years at a time of life when peace and security are at a premium.”
In cases of this nature, where a tradesman causes damage to property or injures someone a compensation claim can be made against their public liability insurance policy.
This case highlights the importance of checking that tradesmen have valid insurance cover before allowing them to work on your property.
