The High Court found the Electricity Supply Board liable for damage caused by a fire at Sylvester and Anne Nolan’s home in Raheny, but reduced their damages by 50% for contributory negligence.
In a judgment delivered on 2 December 2015, Mr Justice Richard Humphreys held that the more probable cause of the fire was deterioration of the electrical wiring through inherent ageing, rather than overheating caused by the wiring being enclosed between soffit boards. The fire broke out at about 2pm on 2 September 2013 at the front corner of the semi-detached house.
The Nolans had sued the ESB for damages in contract and negligence. The court heard evidence from both plaintiffs and experts for each side. The judge said a connection failure at one of two junctions was where the fire began. He found that the condition of connectors at a neighbouring house, believed to have been installed around the same time, and signs of ageing in wiring inside the Nolans’ home supported the ageing explanation.
The court did not find that the contractor who carried out exterior work in 2005 had moved the cables enough to damage them. A possible disturbance during works by UPC was raised but not explored or pressed. The judge also rejected ordinary household electricity use as a cause.
Although the judge found the ESB legally liable for the loss, he accepted two grounds of contributory negligence. The contractor had unclipped ESB cables without notifying the board, and the new PVC soffit board was placed beneath the original timber board, increasing the risk of serious consequences if a connector failed. The court did not determine the precise work carried out on the cables beyond their being unclipped.
The parties had agreed special damages of €148,831.63. The judge assessed general damages for inconvenience and distress at €40,000, making €188,831.63 before the reduction. Applying a 50% reduction to the combined damages, he entered a decree for the plaintiffs for €94,415.82.