Monday, February 24, 2014

Tort Law Introduction

Read the following descriptions.  Each case involves an injury.  Assume that a civil suit is brought by the injured person.  For each case:
(1) identify the plaintiff and the defendant or defendants
(2) determine whether the defendant should pay for the plaintiff's damages.  Explain your answers.

1.  16 yr old Carrie is babysitting 4 yr old Jill.  Carrie leaves Jill in the living room and goes into the kitchen to call her boyfriend.  She can hear but cannot see Jill.  While Carrie is away, Jill falls off a chair and is hurt.

2.  Ben, a high school football player, tackles a teammate in practice.  When the teammate hits the ground, his shoulder is dislocated.

3.  Mr. Smith owns a large apartment building.  When his janitors wax the lobby floor, they place near the front door a "high visible" sign that reads: Caution. Wet Floors.  A lady is hurrying home from shopping carrying large bags of groceries.  She does not see the sign and slips and falls, injuring her knee and arm.

4.  Corina leaves a sharp knife on the kitchen table after making a sandwich.  A 3 yr old neighbor who has been invited over to play with Corina's daughter climbs up on a chair, grabs the knife, and seriously cuts his finger.

5.  Jamal, a school bus driver, has a heart attack while driving the bus.  The bus slams into a wall, injuring several students.  One month earlier Jamal's doctor warned him of his heart condition.

6.  Matt and Emily are sitting  in the upper deck behind first base at a MLB game.  A foul ball is hit, hits the railing, and hits Matt in the head giving him a concussion.  Signs are hung saying, "Be aware of objects leaving the field of play."

7.  Jess, an expert auto mechanic, continues to drive her car even though she knows that the brake linings are badly worn.  Driving on a rain-slick road at night, she skids into a bicyclist who is riding by the curb.

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