Case Analysis / Legal Updates
Liability for Structures | A District Court Judgment Finding a Defect in a Temporary Storage Shed in a Fire Spread from a Discarded Cigarette Butt
This case concerning liability for structures arose where a fire broke out from a cigarette butt discarded near a temporary storage shed and then spread to the shed and adjacent buildings. The issues were whether a defect in the installation or preservation of a structure under Article 758(1) of the Civil Act was established, and whether the amount of damages could be reduced under Article 3 of the Act on Liability for Fire Caused by Negligence.
The Seoul Northern District Court recognized the tort liability of the person who discarded the cigarette butt, and, taking comprehensive account of the fire vulnerability of the damaged buildings themselves, the causes of the expansion of the damage, and the fairness of the apportionment of loss, it reduced the amount of damages by 50%. (Seoul Northern District Court, Decision of August 14, 2025, 2024 Gahap 22263)
1. Liability for Structures | Overview of the Case

This case, in which the application of liability for structures was at issue, concerns a situation where a fire that broke out in a temporary storage shed owned by Defendant C completely or partially destroyed two adjacent buildings owned by Plaintiff B, and the facilities, fixtures and furnishings, and movable property owned by Plaintiff A that were stored in those buildings were also lost.
The plaintiffs argued that the fire in this case was caused by a cigarette butt that Defendant D had discarded near the temporary storage shed, and further that the shed itself had a defect in its preservation, which expanded the damage even more.
Statute | Content |
Article 750 of the Civil Act (Definition of Tort) | A person who causes damage to another by an unlawful act, whether intentional or negligent, is liable to compensate for such damage. |
Article 758 of the Civil Act (Liability of the Possessor and Owner of a Structure, etc.) | Where damage has been caused to another by a defect in the installation or preservation of a structure, the possessor of the structure is liable to compensate for the damage. |
Accordingly, the plaintiffs claimed damages against the defendants on the basis of tort liability under Article 750 of the Civil Act and liability for structures under Article 758(1) of the Civil Act.
Establishment of Tort Liability and the Determination of a Defect in the Installation or Preservation of the Structure
The principal issues in this case were as follows.
- Whether Defendant D, who discarded the cigarette butt, could be held liable in tort for the occurrence of the fire
- 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.
2. Liability for Structures | The Court's Determination
Regarding this case concerning liability for structures, the court determined as follows.
Tort Liability Arising from Discarding the Cigarette Butt
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.
Recognition of a Defect in the Installation or Preservation of the Temporary Storage Shed
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.
50% Reduction of Damages under the Act on Liability for Fire Caused by Negligence
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%.
3. Liability for Structures | The Core of the Judgment

This judgment shows that liability for structures is not an issue only where a facility collapses or is damaged, but may also be recognized where the risk of the spread of a fire has increased due to the structure and storage condition of the facility and the condition of its external management.
Determination of the Spread of a Fire and a Defect in a Structure
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.
Standards for the Apportionment of Loss in a Fire Caused by Negligence
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.
4. Liability for Structures | Practical Points
Through this precedent, the following points can be confirmed from a practical standpoint.
The Need for a Comprehensive Review of the Installation or Preservation Condition of a Structure
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.
· The nature and storage condition of the items stored inside
· The condition of the abandonment and management of items outside
· The adequacy of measures to prevent the occurrence of an accident or the spread of damage
That is, in disputes over liability for structures, the scope of liability can be accurately determined only by comprehensively reviewing not only any physical defect of the facility itself, but also whether the overall condition of its preservation and management satisfied ordinary safety.
In particular, spaces such as warehouses, workshops, and temporary facilities, which have a high likelihood of flammable materials being stored and are readily affected by the external environment, may give rise to liability for structures under Article 758(1) of the Civil Act depending on their structural risk and any negligence in their management.
It is therefore important to carefully organize the relevant facts and evidence from the early stage and to respond accordingly.
Assistance from Daeryun Law Firm LLP
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.
▶Principal Legal Services of Daeryun Law Firm LLP
· Review of the liability structure for facility accidents such as fire, collapse, and falling objects
· Response to fire damages cases
· Review of fire investigation materials and on-site evidence
· Review of the legal principles on the scope of loss and causation
· Review of tort liability and liability for structures under the Civil Act
· Review of the applicability of the Act on Liability for Fire Caused by Negligence and of the reduction of damages
· Analysis of comparative negligence and liability ratios
· Development of litigation strategies for claiming and defending against damages
In disputes over liability for structures, the outcome may vary depending on why the accident occurred, what management problems existed, and how far the damage expanded, rather than on the accident itself.
If you need assistance with a related matter, you are welcome to prepare a response by way of a 🔗real estate attorney legal consultation reservation.
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