Liability Risk - Chap 19

1. List and explain each of the four elements of negligence identified in the chapter.

2. What is the standard of care to protect others from harm for each of the following liability situations? (definitions can be added but must also include the standard of care)
   • Property owners:

• An attractive nuisance:

• Owners & operators of automobiles:

• Governmental units & charitable institutions:

• Employers & employees:

• Parents & children:

• Owners of animals:

3. Why the following are major defects in the tort liability system in the U.S.?

• Rising costs:

• Inefficiency in compensating injured victims:

• Uncertainty of legal outcomes:

• Higher jury awards:

• Long delays in settling lawsuits:

4. What can you recommend to best overcome these defects?

5. A warehouse for Garner Mfg. is being built by Piper Construction. The construction firm routinely leaves certain construction equipment at the building site overnight and on weekends. Late one night, Fred, age 10, began playing on some of Pipers construction equipment. Fred accidentally released the brakes of a tractor on which he was playing, and the tractor rolled down a hill and smashed into the building under construction. Fred was severely injured in the accident. Freds parents sue both Piper Construction & Garner Mfg. for the injury.

• What legal doctrine is applicable in this case? Explain.

6. While using her car to attend regular customer meetings for her employer, Rotella Technologies, Gwen was involved in an accident with another motorist. There were serious injuries sustained by Gwen and the other motorist. A lawsuit is filed by the other motorist against both Gwen and Rotella Technologies for the injuries based on negligence. --Can Rotella Technologies be held legally liable for Gwens accident? List the legal doctrine and provide an explanation.

7. Michael is a homeowner that purchased a Cutter power mower from an authorized dealer on the basis of the dealers recommendation that the mower is the best one available to do the job. Cutter Mowers is the manufacturer of the power lawn mower and distributes it to the public through its own dealers. While cutting his law, the mower blade flew off and seriously injured Michaels leg. Michael files a lawsuit against Cutter Mowers and asks for damages based on negligence in producing the power mower.
   • Is Cutter Mowers guilty of negligence? List the legal doctrine and provide an explanation.