If a fire spreads from a neighboring house, can I claim compensation from my neighbor?

"There was a fire at the house next door, and the fire spread to my house and it was completely burned down..."
In that case, you may think that you can sue the neighboring house where the fire started for compensation and have it rebuilt.

However, in principle, compensation cannot be claimed.
The Law Concerning Liability for Fire Misconduct (commonly known as the Fire Misconduct Liability Law), a special law under the Civil Code, stipulates that unless a fire is caused intentionally or through gross negligence, the party to whom the fire spreads will not be liable for damages.

Even if you are not at fault in any way and the fire damage is solely caused by your neighbor, you cannot claim compensation from the neighbor who started the fire.
This means that if you don't have fire insurance, no one will cover your losses.

How the Fire Liability Law was created

This law was enacted in 1899.
At that time, houses were made of wood, so once a fire broke out, it was inevitable that the damage would spread.
Fires are an accident that can happen to anyone, no matter how careful you are.
Despite this, the person who caused the fire will not only lose their property in the fire, but will also be held responsible for any damage caused by the fire spreading.
This law was enacted because that was too burdensome.

The difference between gross negligence and minor negligence

Other negligence (minor negligence): A careless mistake that anyone can make.

However, it is difficult to draw a clear line and it depends on the specific circumstances of each case.
For example, according to past court decisions, a fire caused by leaving cooking oil on the job was found to be gross negligence.
Therefore, the Fire Liability Act does not apply, and you will be obligated to pay compensation to your neighbor.

In any case, it is a good idea to take out fire insurance, considering that you may not be able to claim compensation for damage caused by a fire spreading from another fire.

We can provide you with fire insurance quotes from multiple insurance companies.
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