Question: Roger Smith owned a ranch in Texas. Mr . Smith elected to conduct a prescribed burn of one of his pastures. A prescribed burn is
Roger Smith owned a ranch in Texas. Mr Smith elected to conduct a prescribed burn of one of his pastures. A prescribed burn is a land management technique where a landowner intentionally sets fire to his land in order to remove the old grass, rotten timber, and underbrush from the land. Prescribed burns can reduce insects and disease on the land, and by removing old, dead grass, can improve the forage available to livestock the next season.
Mr Smith began the burn on a day in which the weather conditions seemed favorable to control the fire. Mr Smith also mowed the grass around the border of the pasture before starting the fire to reduce the likelihood of the fire spreading to neighboring pastures.
After Mr Smith started the fire, however, the wind shifted and the fire burned out of control. The fire spread onto the property of Mr Smiths neighbor, George Jones, located approximately yards from where Mr Smith the fire. The fire burned one of Mr Joness pastures.
Mr Jones has sued Mr Smith to recover money for the damages to his pasture. Is Mr Smith responsible for Mr Joness damages?
Group of answer choices
Yes, because Mr Smith started the fire that spread to and burned Mr Jones's pasture.
No because Mr Smith did not intend for the fire to spread to Mr Jones's pasture.
Yes, but only if Mr Jones can demonstrate that Mr Smith failed to use reasonable care to prevent the fire from spreading.
No because Mr Jones should have done more himself to prevent Mr Smith's fire from spreading onto his pasture.
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