Tort Tutorial Answer Question 5

Helmi lit a bonfire in his garden to burn rubbish. The smoke from the fire annoyed his neighbors and damaged a neighbor's clothes. It also obstructed the vision of a passing motorist who crashed into a lamp post as a result. Later, the fire spread and destroyed a neighbor's garden shed. Helmi is liable for public nuisance because the smoke obstructed the motorist. He committed a criminal offence by lighting the fire without approval. Helmi is also liable for private nuisance to his neighbors due to the smoke and damage. Finally, Helmi is strictly liable under Rylands v Fletcher because the fire was a dangerous thing that escaped from his property and damaged his neighbor.