Railroad destroyed my pasture by fire, now my sheep have nothing to eat.

About 5 weeks ago the railroad started a fire that destroyed my pasture. I now have to buy feed for my sheep until the pasture is re-seeded and grows. Do I have a recourse; shouldn’t the railroad repair my pasture and feed my sheep?

Asked on July 4, 2009 under Personal Injury, California

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am a lawyer in CT and pracrtice in this aras of the law.  You did not give me enough information about the fire - i.e. the cause and circumstances.  However, assuming that the railraod was at fault for the fire, you do have recourse against the railroad under a negligence theory.  In other words, if the railroad failed to take precautions that reasonably could have avoided the fire, then it would be at fault and you could get compensation for the damages.  Do you have homeowner's insurance?  If so, you may also want to place your carrier on notice so that if the railroad fails to pay, you can use your homeowner's insurance to cover the damages.


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