4. Mr. Tinker took his radio-controlled, gas engine, model airplane to the parki

Question

4. Mr. Tinker took his radio-controlled, gas engine, model airplane to the parking day. The plane was flying in the park when the rudder suddenly failed and the plane crashed through the window of a home across the street from the park. The home owner insists that the uncontrolled flight of model airplanes is not allowed at the park, and hasn't been for many years. This is not the first time her property has been damaged by errant model airplanes.

Issues of Fact:

Investigation Points:

Issues of Law:

Explanation / Answer

Issues of the Fact: Mr. Tinker took his radio-controlled, gas engine, model airplane to the parking day. The plane was flying in the park when the rudder suddenly failed and the plane crashed through the window of a home across the street from the park.

Investigation Points: Is it an uncontrolled flight of model airplane?

Issues of law: Can home owner prove that Mr.Thinker using the uncontrolled flight of a model airplane?

If yes, what should be the compensation to the home owner ?

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