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A rural property owner was ordered to compensate his neighbor for material and moral damages caused by a fire that spread between properties in Lago Oeste. The decision was made by the 3rd Civil Division of the Court of Justice of the Federal District and Territories (TJDFT). The plaintiff is a farmer and owns a smallholding where he grows grapes and dragon fruit commercially. In August 2022, the neighbor set fire to his land to clear vegetation, but the flames spread and reached his property. The fire destroyed 400 grapevines, 50 dragon fruit trees, and part of the plantation's irrigation system.

When reviewing the appeal, the judges highlighted that the expert report from the Civil Police's Criminalistics Institute was conclusive regarding the origin and spread of the fire. The technical document demonstrated that the fire started on the defendant's farm and spread to the neighboring property through intentional human action. According to the expert report, "the evidence suggests that the fire spread from the southwest quadrant of Farm 3 to the border area, where the accumulation of dry leaves and branches on the side of Farm 2 favored the fire's development."
Regarding the legal standing of the lawsuit, the Panel clarified that the possessor is entitled to compensation for damages caused to their improvements and crops, regardless of whether they are the property owner. The panel also rejected the theory of concurrent fault, as there was no evidence that the victim contributed to the damaging event.
Regarding moral damages, the judges acknowledged that the fire caused great distress to the plaintiff, given the severity of the events and the risk to his physical integrity. Photographs of the scene revealed the extent of the devastation and confirmed the potential harm to the life and health of people who were in the area during the fire.
For more information, see case number 0713397-32.2022.8.07.0006. Source: TJDFT News. #law #agriculture #rural #property #liability #compensation #advocacy #lawyer #jurisprudence #tjdft