Question
Martha invites John to lunch. Martha knows her private road is dangerous to travel, having been heavily eroded by recent rains. She doesn't warn John
Martha invites John to lunch. Martha knows her private road is dangerous to travel, having been heavily eroded by recent rains. She doesn't warn John of the condition, reasonably believing that he will notice the deep ruts and exercise sufficient care. While John is driving, his attention is diverted from the road by the screaming of his child, who has been stung by a bee. He fails to notice the condition of the road, hits a rut, and skids into a tree.
Assume that John has no comparative (or contributory) negligence. Is Martha liable to John for his injury? Why?
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