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posted by janrinok on Saturday March 10 2018, @06:04AM   Printer-friendly
from the countdown-to-new-regulations? dept.

A "personal drone" that crashed and burst into flames was the cause of the Kendrick Fire, a 335 acre fire in the Coconino National Forest (wikipedia: https://en.wikipedia.org/wiki/Coconino_National_Forest) in northern Arizona, USA. Coconino National Forest spokesman George Jozens said that about 30 firefighters from the U.S. Forest Service and Summit Fire and Medical worked to quell the fire.

Article: https://www.azcentral.com/story/news/local/arizona-breaking/2018/03/06/personal-drone-sparks-335-acre-wildfire-north-flagstaff/401493002/


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  • (Score: 3, Interesting) by tonyPick on Saturday March 10 2018, @10:29AM (2 children)

    by tonyPick (1237) on Saturday March 10 2018, @10:29AM (#650484) Homepage Journal

    There is some legal phrase meaning "the act is not culpable unless the mind is guilty"... "mens rea" I believe its called. That went out?

    Yep, https://en.wikipedia.org/wiki/Mens_rea. [wikipedia.org]

    However I believe here we're wandering into Tort [wikipedia.org] Law, which is a part of civil law where (as per wikipedia):

    ... it is usually not necessary to prove a subjective mental element to establish liability for breach of contract or tort, for example. But if a tort is intentionally committed or a contract is intentionally breached, such intent may increase the scope of liability and the damages payable to the plaintiff.

    However I Am Not A Lawyer, and the details probably vary extensively based on jursidiction so as to how the rest of your hypothetical goes, I have no idea, outside of a quick googling which seems to suggest that "It depends":
    https://www.chron.com/neighborhood/baytown-news/article/Know-Your-Rights-Neighbor-not-liable-for-damage-1841622.php [chron.com]

    (I'd guess in the hypothetical the fact he deliberately moved the fire from his to your property to yours might be significant, since someone could argue that he deliberately put other peoples property at risk to save his own, but as I said IA (still) NAL. Now throw in the on-fire-car moving across state lines and through a forest and I suspect the insurance company lawyers could be arguing with each other over that one for years...)

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  • (Score: 1) by anubi on Saturday March 10 2018, @12:36PM (1 child)

    by anubi (2828) on Saturday March 10 2018, @12:36PM (#650500) Journal

    Interesting. Thanks!

    At the time that car fire happened, I was not about to quibble... I was out with my garden hose trying my best to see to it that I had everything all wet down.

    My biggest fear his gasoline tank was going to rupture, the ignited fuel spilling down along the curb, mess up all the other cars parked along the curb, and KaBoom once it went into the culvert and was confined in the underground street drain. I could not get his fire out with it. It was under the hood in the engine compartment, and it would come back just as soon as I took the hose off of it, but I was trying to keep everything as cool as I could by keeping everything around there wet. When the fire department arrived, they had some sort of mister thing, and it was out in seconds.

    I was so relieved that his gasoline tank did not rupture.

    There were puddles of aluminum in the road when they left. It had definitely got hot in that engine compartment.

    If his big pine tree caught fire, we ALL would have been in big trouble. That was my big thing... keep that fire out of that pine tree. I have a eucalyptus tree nearby, and his pine tree would have certainly spread it to my eucalyptus.

    If we were unsuccessful, well, I figured that's why I have been paying all those fire insurance premiums. Crap happens. Luckily, nothing happened. It was a beautiful car too... seems like it was only a week old or so. A real Bummer.

    --
    "Prove all things; hold fast that which is good." [KJV: I Thessalonians 5:21]
    • (Score: 0) by Anonymous Coward on Saturday March 10 2018, @03:33PM

      by Anonymous Coward on Saturday March 10 2018, @03:33PM (#650530)

      I've had a fire start due to a poorly adjusted carburetor once - you have to smother it with a jacket or blanket, water won't work. I burned up a brand new jacket, but saved the vehicle and quite possibly our lives (we were on the freeway in the countryside when it happened, no way the fire department could have saved us).