You Be The Judge: A Fiery Case

A FIERY CASE

Flintstone, a local contractor, built a fire on his property in order to burn some rubbish and building materials.  At the end of the day found the fire still smoking.  He spread out the embers and thought the fire was out.  Soon after, two five year-old boys wandered onto the property.  A flying spark flew up and ignited one of the boys’ clothing, severely burning him.  The boy's family sued Flintstone for negligence.

Did the court rule FOR or AGAINST Flintsone?

The court ruled FOR Flintstone, and against the family.  Notwithstanding his “tender years,” the boy was a trespasser who went onto the property at his own risk.  Flintstone acted reasonably, believed he had extinguished the fire, and had no reason to expect or anticipate any intruders onto his property. The court ruled that he owed no duty to the injured boy.

 

Verdict:  $0