Cigarette Butt Toss Causes Warehouse Fire... Court Orders 270 Million Won in Damages
Court Cites Owner's Responsibility
Defendants' Liability Limited to 60%
The court has ordered compensation for a rice delivery driver and others who started a fire in a food ingredient warehouse by carelessly discarding a cigarette butt without fully extinguishing it.
According to Yonhap News on August 10, the Civil Division of Jeonju District Court (Presiding Judge Lim Hyeonjun) ruled partially in favor of the plaintiff in a damages lawsuit filed by A, the owner of a food ingredient warehouse in Jeonju, North Jeolla Province, against B, the rice delivery driver, and the manager of the delivery company.
The court ordered the defendants to pay the plaintiff 270 million won plus delayed interest.
The lawsuit stemmed from a fire that broke out on August 2, 2023, at a food ingredient warehouse in Deokjin-gu, Jeonju. At that time, after completing a rice delivery, B smoked a cigarette in front of the warehouse and threw a butt that had not been fully extinguished into a pile of cardboard boxes before leaving the scene.
The fire, which started from the cigarette butt, ended up burning the entire warehouse (323 square meters) and all the food ingredients inside. The monetary damage totaled 490 million won.
Backnowledging that he had smoked a cigarette, B nevertheless denied legal responsibility, claiming there was no connection between the cigarette butt he discarded and the fire.
Consequently, A filed a lawsuit seeking 530 million won in damages from B, including losses from real estate, personal property, and suspension of business operations.
The court recognized that the fire was a result of B's negligence but also determined that A bore partial responsibility, thus adjusting the compensation amount. The court noted, "The police and fire department reports at the time concluded that it was reasonable to view the fire as having been caused by the cigarette embers discarded by the defendant. Even when the court reviews this case independently, it is fairly clear that the fire originated from the defendant's conduct."
However, the court also stated, "Flammable materials had been left near the warehouse entrance, and the location was commonly known as a smoking area. In addition, the warehouse was finished with sandwich panels but lacked fire prevention or suppression equipment. Considering these circumstances, the plaintiff's responsibility is also partially acknowledged," limiting the defendants' liability to 60%.
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In addition to this civil case, B has also been indicted for accidental arson, and while he was fined 5 million won in the first trial, he has appealed the decision.
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