Couple held responsible for fire damage

A couple whose home caught fire after a contractor they hired carried out works on their roof are responsible for damage caused to their neighbour’s property, the High Court has ruled.

Mr Justice Seamus Noonan yesterday said in the final analysis it seemed to him that it came down to which of the two innocent parties must bear the loss.

William Feeney, of 44 Farmhill Rd, Goatstown, Dublin, had brought an action after his house was damaged by a fire in a house owned by Alberto and Jenny Andreucetti of 46 Farmhill.

Shortly after an independent contractor Michael Reilly, trading as Elm Construction, carried out works on the Andreucettis’ roof in January 2012, a fire broke out which spread to Mr Feeney’s home.

The High Court last December found the fire, which caused substantial damage to both properties, had been caused by the negligence of Mr Reilly.

The damage to Mr Feeney’s property was about €94,000.

As a result of the damage Mr Feeney sued both his neighbours and the contractor.

Yesterday Mr Justice Seamus Noonan said it was clear given the High Court’s decision last December that Mr Feeney must succeed against the contractor.

The Andreucettis had opposed the action, claiming it would be unjust to impose liability on an innocent party and contrary to public policy.