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Hi Tutor, I need a thesis paragraph on the case attached below. Please use IREAC method while answering the question. fSAMPLE PETERSON ANSWER: IREAC (With

Hi Tutor, I need a thesis paragraph on the case attached below. Please use IREAC method while answering the question.

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\fSAMPLE PETERSON ANSWER: IREAC (With Thesis paragraph) The issue is whether David Peterson, Sr. is liable in negligence to Phil Aarons for storing tools in a basement where Peterson's eleven-year-old son was playing with Aarons and where Aarons was injured by the son's attempt to use the tools. A person has a duty to protect others against unreasonable risks. Smith v. Allen, [citation would go here]. One who breaches this duty is negligent and liable for injuries resulting from that negligence. Id. Peterson did not create an unreasonable risk by storing tools in the basement and should, therefore, not be liable for negligence. The defendant is not liable where the risk cannot be "reasonably anticipated" or is "so unlikely to occur that the risk, although recognizable, would commonly be disregarded) Smith v. Allen. In Smith, the court found defendant not liable in negligence to his son's playmate where the son injured the playmate while playing with a golf club the father left lying on the ground in his backyard. Id. In so holding, the court stated that a golf club is not so "obviously and intrinsically dangerous" as to create an unreasonable risk. Unlike a knife, for example, it is not commonly used as a weapon. Id, Similarly to the defendant in Smith v. Allen, Peterson is not liable. Like the golf club in Smith, the tools used by David, Jr. are not so "obviously and intrinsically dangerous" as to create an unreasonable risk. While a hammer and nails can cause injury, the hammer and nails used by David, Jr. are ordinary household objects that are not commonly used as weapons!/ Even if the tools are arguably more dangerous than a golf club, Mr. Peterson was more cautious, and created less risk of harm, than the father in Smith. Mr. Peterson stored them in a LRW-LLM Prof. Kenneth Raphael FALL 2022 toolbox in the basement. He did not leave the tools out in the open in a yard, as the father in Smith left his golf club. Because Mr. Peterson did not create an unreasonable risk by storing the tools in the basement, a court is not likely to find him liable in negligence to his son's playmate

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