In what circumstances will an action be brought by adjoining property owners for damages arising from an arson attack on a vacant and unattended building?
British Columbia, Canada
The following excerpt is from Harrington v. Harrington, 1998 CanLII 3885 (BC SC):
Seventeen years later in Smith v. Littlewoods Organization Ltd. [1987] 1 All e.R. 710 a similar issue arose. In this case an arsonist lit fire to a vacant and unattended building causing damage to two adjoining properties. The action by the adjoining property owners sought damages on the basis that the risk of arson should have been foreseen and guarded against.
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