Civil Liability for Arson Fires - A Primer for Community Activists (From Neighborhood Based Arson Control - Collected Papers, P 9-24, 1985 - See NCJ-98175)

• NCJ Number: 98176
• Author(s): A Delibert
• Date Published: 1985
• Length: 16 pages
• Corporate Author: Citizens Cmtte for Fire Prevention
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Language: English
• Country: United States of America
• Note: For microfiche, see NCJ-098175.

Annotation

This paper outlines legal strategies (the theories of nuisance and negligence) that inner city residents can use to curtail the arson that ravages their neighborhoods.

Abstract

To recover damages caused by another's negligence, a plaintiff must prove (1) the defendant owed the plaintiff a duty of care, (2) the defendant violated that duty, (3) plaintiff suffered damages, and (4) defendant's violation of duty was the proximate cause of damage. Owners of property and buildings can be shown to have such a duty, and proximate cause may be shown by failure to protect against possible actions by others. The nuisance doctrine offers a chance to proceed against owners of a building or property before a fire occurs. The public has a right to be free of certain dangers and the maintenance of a vacant building in a state of disrepair may interfere with that right. If the plaintiff can show the interference to be unreasonable, the crime of public nuisance may be prosecuted. A resulting court order will put the owner on notice of action should no preventive measures be initiated. Cases and court decisions are cited.