Neighboring Property Fire Damage Liability Appeal

A defendant, appealing a decision that held them liable for damages resulting from a fire that started on their property and spread to a neighbor's, argued that the lower court erred in not considering the possibility of an external, unforeseen cause for the fire, which would have exonerated them under the principle of *force majeure*. The Court of Cassation rejected the appeal, affirming that the obligation of an occupier to repair damage caused by a fire originating on their property is a presumption of liability, and the defendant failed to definitively prove that the fire was due to an external, irresistible, and unforeseeable event, thus upholding the lower court's finding of liability.