Liability for Structures | A District Court Judgment Finding a Defect in a Temporary Storage Shed in a Fire Spread from a Discarded Cigarette Butt

The principal issues in this case were as follows.

1. Whether Defendant D, who discarded the cigarette butt, could be held liable in tort for the occurrence of the fire
   
2. Whether the temporary storage shed constituted a structure under Article 758(1) of the Civil Act, and whether there was a defect in its installation or preservation

In other words, the court considered that, separate from the liability of the actor for the direct cause of ignition of the fire, it was also necessary to examine whether the temporary storage shed to which the fire spread itself lacked the safety it ordinarily ought to have.

Accordingly, the court determined the establishment of tort liability and liability for structures separately.

The court first found that the fire in this case originated from the cigarette butt that Defendant D had discarded near the temporary storage shed, and that the fire then spread to the shed and subsequently burned the adjacent buildings as well. On this basis, it recognized Defendant D's tort liability.

The court then made a separate determination regarding the temporary storage shed itself.

A large number of highly flammable items were stored inside the temporary storage shed in this case, and items outside it were also left unattended and not properly managed.

The court also found that, after the initial ignition, the highly flammable materials inside the temporary storage shed burned in large quantities, causing the fire to spread rapidly to the adjacent buildings.

Accordingly, the court determined that the temporary storage shed in this case was not sufficiently equipped with the safety it ordinarily ought to have in order to prevent the occurrence or spread of a fire, and found that there was a defect in the installation or preservation of the structure as provided in Article 758(1) of the Civil Act.

The court did not, however, recognize the defendants' liability in full.

Taking comprehensive account of the fire vulnerability of each of the plaintiffs' buildings themselves, the cause and scale of the fire, the object and extent of the damage, the causes of the burning and the expansion of the damage, and the fairness of the apportionment of loss, the court reduced the defendants' liability for damages to 50%.

The judgment confirmed that, in the case of a facility such as a temporary storage shed, the nature of the items stored inside, the presence of items left outside, and the possibility of the spread of a fire may be important factors in determining a defect in the installation or preservation of a structure.

Article 3 of the Act on Liability for Fire Caused by Negligence carries significant meaning in fire damages cases.

This is because, in cases of fire caused by negligence, the amount of damages may be adjusted by considering not only the initial cause of ignition but also the cause of the expansion of the damage, the condition of the damaged buildings, and the fairness of the apportionment of loss.

In cases where liability for structures is at issue, it is necessary not merely to consider whether an accident occurred, but to examine in concrete terms whether the facility in question was properly equipped with the safety it ordinarily ought to have.

The standards used to determine a defect in the installation or preservation of a structure can be divided into the following four points.

At Daeryun Law Firm LLP, attorneys handling construction matters, in cooperation with attorneys handling civil matters, comprehensively review the installation and preservation condition of a facility and the circumstances of an accident in cases where liability for structures is at issue.

As shown through this judgment, liability for structures is not limited to accidents involving the collapse or damage of a facility.

It may arise in a variety of types, such as the spread of a fire, water leakage, cracking, falling-object accidents, the detachment of exterior walls, the collapse of embankments or retaining walls, damage adjacent to a construction site, and accidents caused by negligent management of temporary facilities. In actual disputes, an accurate determination of liability is possible only by reviewing not only the structural risk of the structure but also the circumstances of its installation, its maintenance and management condition, the relationship of possession and ownership, whether safety measures were carried out, and the cause of the expansion of the damage.

Taking these characteristics into account, Daeryun provides strategic legal services throughout the entire process, from the analysis of the facts to the review of the scope of damages and the response to litigation.

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