Neighbour taking friend to court

[Clappingforjoy]

My friend had a fire in his garden last April and it caused damage to some neighbouring gardens especially the one neighbour. My friend didn't and still doesnt know how it started so that remains a mystery and the fire brigade could only say that it started in our garden but they didnt know how.
Now several months later we have been made aware that the neighbour that suffered the most damage is taking him to court and is getting all the others on his side and got witness statements off them and gave them to his solicitor to say my friend was burning rubbish the day before he denies this and says the only thing he did was get a weed burner out from his shed st the side of the house and take it to the front garden to burn weeds then he put it back ensuring it was out.
After this he went out and on arriving home abt an hour later the fire had already started way at the bottom of the garden far from the side shed.
His son was there and had noticed the fire from his bedroom window and had already called the fire brigade.
All neighbours have since few months ago had all repairs done so I can only think they are claiming for thier excess.
What should he do friend is dismissing saying he is totally innocent and despite the fact he has a burner he hadnt used it for several weeks but claims he has smelt burning before from somebody else's garden in the past and there is no proof of anything except probably some made up statements from neighbours trying to get money.

If you have been negligent in maintaining your tree/property the insurer (should) cover the 3rd party damage. If you haven't been negligent, they (probably) won't cover 3rd party damage.

The insurance contract policy will have a clause somewhere making the policyholder responsible for "maintaining in a safe state" or something similar.

If it turns out that the weed burner caused the fire, his home insurance will ask for their money back for his repairs and the court will make him personally pay for the neighbours repairs because insurance companies won't pay out when illegal activity has taken place and using a weed burner to smoke weed is illegal as you know. Insurance companies provide a policy based on you being responsible and staying within the law. Smoking weed then putting the weed burner into a shed that may have caused a fire isn't being responsible or staying within the law

I am going to assume that this all happened or didn’t exactly as you/your friend say for my response.

In life, sometimes, false accusations are made. You know that they are false and that you did nothing wrong or an incident has been exaggerated. The thing is, sometimes you also do not have any or much evidence to prove that this is the case. Maybe, the other party has evidence which they have forged or a witness willing to lie for them?

You can continue to try to defend yourself legally, go all the way to court, but because you do not have the necessary evidence/proof all this is likely to mean is that you lose even more than you would if you settled with the other party.

Legal fees, time, additional stress and a larger demanded pay out are likely.

You can see from this thread how a third party who does not know you or your friend well is likely to react, because you do not have any evidence the fire was started by something besides negligence. The very fact it started on your friend’s property implies he caused the fire in some way. The other party can also point to the burning of weeds and rubbish on the property, even if this were coincidental and done at different times. You yourselves cannot explain the fire, but only say it was not caused by burning weeds or rubbish, and you believe the friend did not cause it. Meanwhile, the neighbours are providing a simple explanation, witnesses etc.

Life, sometimes, is quite cruel and unfair. Sometimes pragmatism is required, and finding ways to make the best of a raw deal.

The only alternative I can see, is that your friend finds compelling evidence he did not cause the fire through negligence, despite it starting on his property and the fire brigade not offering an alternate source or explanation (even if not naming him or something he has done as the cause). It’s not enough to say maybe it was solar lights or a cigarette, your friend needs actual proof instead of supposition because the fire started on his land. If it hadn’t started on his land potential liability would not be assumed. As such, the burden of proof lies with him.

Well, I was this many days old when I learnt that weed burners were a thing. I've been twatting about with a bottle of round up weed killer and a trowel for years.

@YappityYapYap that's assuming it was a cannabis weed burner rather than the garden equipment that burns weeds which is also called a weed burner.

Guys there is no such thing as a cannabis weed burner...

Only on mumsnet

Cannabis burner

Your story doesn't add up. He didn't use for several weeks before fire but used it the day before yet after using it checking it was out and moving it he went out for an hour and came back to the fire. No indication it was left for a day so it sounds like that was day it was used. Hope your friend has a better time line in court

He hadn't used the firebin for weeks.

OP are you this involved in everything your ex does?! Have you been split up long?

But you said he was burning weeds in the front garden. He sounds like a bit of a nightmare neighbour tbh.

Is the problem that he has actually invalidated his insurance by using a flamethrower? It's not normal to burn stuff in the garden, definitely not normal to get the flame thrower out to do the weeding.

Come on, op. Of course it is his fault.

Not exactly a flame thrower is it.

I think people dont know what a weedburner is

Yes we are still very close yasss

This thread is gold😂 cannabis weed burner😂 snorted at that tbh

Maybe send him on Gardeners Question Time. I'd love to hear Bob Flowerdew and Bunny Guinness advise on this.

No you're right, op, I was being a bit dramatic with the flame thrower comment. You can buy them in Argos, who knew? Still seems nuts to me.

Well it's a controlled flame and isnt that hot once out and it was put away near the front garden far away from where the fire started and it was used a good 2 hours before the fire started .I honestly dont know why people are focusing on the wretched weedburner so much

Embers from the front rose and landed in back garden causing fire?
Weed burner when put away in back garden had embers that may not have been lit still but with a bit of wind they were oxygenated and relit starting fire?
Probably some simple science, it absolutely was not a freak accident. Friend needs to pay up.

So was it ... kind of ... a RING of fire, that was caused, would you say?

Well it's a controlled flame and isnt that hot once out

It'd still be pretty hot if it was a hot day, as you said.

Definitely hotter than the neighbours solar panels.

Trying to think what other things could have caused the fire.

Is there a path or woodland walk along the back of the property? Someone walking by threw a lot fag over?

Were there neighbours living over the back who may have thrown one? Go out just now and see if there are any fag butts lying around now. I had a scummy neighbour who used to flick used fags over his fence into mine.

Birds making nests picking up lit fag and dropping it?

18 year old or mate flicking fag away as they “don’t smoke” and someone saw them out of the bedroom window/they heard approaching footsteps.

Don't worry as this is happening to your "friend" and not you.

Hang on, this whole thread hasn't been caused by a confusion between "ex" and "old flame" has it ?

I am slightly puzzled:

More than one garden was damaged by the fire and these ndns have made claims through their insurance companies. Did OP's ex not have to fill in forms for these claims through his insurance company?

Who is taking OP 's ex to court- is it the ndn or their insurance co? Normally for example we had damage due to arson in a neighbouring property spreading to ours. We made a claim through our insurance and it was dealt with by them. (Five years later as a widow I was refused a policy due to this claim until it was realised I was the victim and not the perpertrator). Is it simply that one ndn doesn't have insurance and is trying to claim from OP's ex?

PS I think it is the pet dragon that caused the fire

Is this not what house insurance is for????

Also you don’t have he full story as this doesn’t directly involve you.