Question
Hello, I need help in explaining these questions using the case below: The city of Medicine Hat constructed and installed an electrical power transformer substation
Hello, I need help in explaining these questions using the case below:
"The city of Medicine Hat constructed and installed an electrical power transformer substation on the parking lot of property owned by the Real Canadian Superstore. The substation was constructed to provide electrical services for the store. The substation was enclosed by a wooden fence consisting of one by four-inch pickets three-quarters of an inch apart and approximately ten feet six inches high. On the exterior of the south side of this fence and forming part of it was a large wooden power pole. On this pole were two cross arms that supported a meter box. The lower cross arm was eight feet above the ground and the other cross arm was about two feet higher.
Shortly after the substation was constructed an incident (Incident) occurred at the substation which caused an injury to a young child. As a result of the Incident, a two by ten-inch plank was installed around the inside and outside of the fence to prevent breaking of the boards at the bottom. The top of this board was 22 inches above the ground. A locked gate into the enclosure was located on the southwest corner of the structure. Inside the substation was another wooden power pole which supported power lines leading to it from the outside. There were three signs on the fence: one on the gate and on the east side reading "Danger High Voltage", and one on the outside pole reading "Danger 13,200 volts".
A number of years following the Incident Dominic, then eleven years, four months of age, and his cousin Josiane, then fourteen years of age, were playing near the substation. Attracted by the construction of the substation, Dominic was able to climb up to the cross bar on the pole on the outside of the fence and enter into the inside of the structure. While inside the structure, Dominic came into contact with a live power wire and as a result suffered extensive and serious electrical burns due to the contact with the wire. Dominic's injuries resulted in the amputation of his right arm just below the elbow."
1. What are the statutory causes of action(i.e. excluding any common-law causes of action) that Dominic could argue if he decided to commence legal proceedings to recover the losses he suffered as a result of the burns and include a discussion of each of the elements required to substantiate such causes of action.
2. What are the common-law causes of action(i.e. excluding any potential statutory causes of action) that Dominic could argue if he decided to commence legal proceedings to recover the losses he suffered as a result of the burns and include a discussion of each of the potential defendants and the elements required to substantiate such causes of action and any potential limiting factors.
3. Tie the law to the facts and draw a conclusion.
https://www.bennettphilp.com.au/blog/remedies-defamation#:~:text=The%20remedies%20in%20defamation%20are,in%20some%20cases%20injunctive%20relief.
https://engagedscholarship.csuohio.edu/cgi/viewcontent.cgi?article=2984&context=clevstlrev#:~:text=Thus%2C%20federal%20officers%20are%20protected,the%20scope%20of%20their%20duties.&text=The%20Carr%20case%20held%20that,immunity%20from%20libel%20or%20slander.
https://www.legislation.qld.gov.au/view/pdf/2016-01-01/act-2005-055
https://www.law.cornell.edu/wex/defamation#:~:text=To%20prove%20prima%20facie%20defamation,the%20subject%20of%20the%20statement.
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