Neighbor Liability for Fire Spread vs. Force Majeure

The dispute arose from a claim seeking compensation for damages resulting from a fire that originated on a neighbor's property and spread to the claimant's property; the lower court had dismissed the claim, holding that the neighbor was not liable because the fire's spreading was due to an unforeseen and irresistible force, namely strong winds that carried the flames, constituting *force majeure*. The high court quashed the decision, reasoning that the lower court failed to establish that the neighbor had taken all necessary and reasonable precautions to prevent the fire from spreading, and the mere occurrence of strong winds does not automatically exonerate the neighbor from liability for damages caused by a fire that started on their property.