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NCJRS Abstract

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NCJ Number: 98176 Find in a Library
Title: Civil Liability for Arson Fires - A Primer for Community Activists (From Neighborhood Based Arson Control - Collected Papers, P 9-24, 1985 - See NCJ-98175)
Author(s): A Delibert
Corporate Author: Citizens Cmtte for Fire Prevention
United States of America
Date Published: 1985
Page Count: 16
Sponsoring Agency: Citizens Cmtte for Fire Prevention
Washington, DC 20036
National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Document: PDF
Language: English
Country: United States of America
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.
Index Term(s): Arson; Civil liability; Civil remedies; Landlord liability; Negligence; Public nuisance
Note: For microfiche, see NCJ-098175.
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