Ignis suus

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Ignis suus (Latin for “his fire”) is a historic common-law rule about an occupier’s liability for damage caused by a fire spreading from their property. It was a strict-liability rule, meaning the occupier could be held responsible even without proof of fault.

The rule was cited in Burnie Port Authority v General Jones Pty Ltd in the Supreme Court of Tasmania. When the case reached the High Court of Australia, the court said ignis suus was not appropriate for modern circumstances, had not been adopted into Australian law, and had been absorbed into the Rylands v Fletcher principle, which the Court also found to no longer be good law in Australia.

The majority, led by Chief Justice Mason, held that both ignis suus and Rylands v Fletcher had become part of the broader tort of negligence.