RES IPSA LOQUITUR AND LIABILITY FOR FIRE DAMAGE

Drake v Harbour [2007] EWHC 1670 (TCC), 11 July 2007

In Drake v Harbour [2007] EWHC 1670 (TCC), 11 July 2007, Judge Wilcox held that the defendant electrician was liable to the claimant for damage caused to her house in a fire. While he refused to imply a term into the contract to the effect that the first defendant would, in carrying out the rewiring work, use equipment that was fit for its purpose, he held that they were liable as a result of the operation of the maxim res ipsa loquitur (‘the thing speaks for itself’). While the evidence could not establish the precise cause of the fire, no causation inconsistent with negligence on the part of the defendant had been established. Rather, the evidence suggested that it was more likely than not that the effective cause of the fire was an act or omission on the part of the defendant, for which he was liable.