“Landowners liable for natural nuisances if reasonable steps could prevent neighbour damage.”
The Privy Council held that Goldman was liable. A landowner has a duty to take reasonable steps to prevent natural hazards on their property from causing damage to neighbours.
Lightning struck a tree on Goldman's land in Western Australia. Rather than fully extinguishing the fire, he allowed it to burn out, believing it would die naturally. Strong winds revived the fire, which spread to Hargrave's neighbouring property causing damage.
Whether a landowner owes a duty to take reasonable steps to prevent or minimise damage to neighbouring property from natural hazards occurring on their land.
The court established that while there is no general duty regarding natural conditions, once a landowner knows or ought to know of a hazard, they must take reasonable steps within their means to prevent damage. The standard is measured against what is reasonable for that particular occupier's resources and capabilities.
This case fundamentally changed English tort law by establishing positive duties for landowners regarding natural hazards. It bridged the gap between nuisance and negligence, creating a new category of liability that has been influential in environmental and property law.
A landowner has a duty to take reasonable steps to prevent natural hazards on their property from causing damage to neighbouring properties, measured against their particular circumstances and resources.
The Privy Council held Goldman liable for fire damage to his neighbour Hargrave's property because he failed to properly extinguish a lightning-struck tree on his land.
It established a new category of liability for natural hazards, creating positive duties for landowners and bridging the gap between traditional nuisance and negligence principles.
The court noted that the duty extends beyond nuisance to a general principle of neighbourhood responsibility, though the exact boundaries remained to be developed.
OSCOLA Citation
Goldman v Hargrave [1967] 1 AC 645 (PC)
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[2026] EWHC 1095 (KB)
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