herald

Wednesday 7 December 2016

Neighbour wins €23k over chimney fire

Una Ni Bheirn
Una Ni Bheirn
David Campbell

A MAN whose home was damaged by a chimney fire in his neighbour's terraced house has been awarded €23,000 damages in the Circuit Civil Court.

David Campbell said that when Una Ni Bheirn installed a wood burner stove against their dividing wall in the summer of 2012, he could not touch it because it was so hot.

Mr Campbell, of Rathmines Park, Dublin, said he had also noticed toxic fumes.

He told his barrister, Kevin Callan, that he notified Ms Ni Bheirn of the issue and after checking his wall she had been satisfied that the heat generated had been excessive.

The court heard Mr Campbell smelled and saw smoke coming from underneath the carpet in his landing in October that year. He called the fire brigade who found a fire had begun to spread from Ms Ni Bheirn's chimney.

Mr Campbell said a flexible flue liner in Ms Ni Bheirn's 112-year-old house had not been centred when the stove was installed and had touched a timber joist inside the chimney wall, causing the fire.

blameless

Mr Callan told Circuit Court President Mr Justice Raymond Groarke that the costs of repair in Mr Campbell's house amounted to around €23,000.

Ms Ni Bheirn had argued that the fire had been unforeseeable as the presence of wood in her chimney was unusual.

The judge said that although Ms Ni Bheirn was blameless, he was satisfied the flue liner should have been centred.

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