Question
Negligence is a Tort. People sue each other for negligence because events happen that should not happen. I want you to analyze this fact pattern
Negligence is a Tort. People sue each other for negligence because events happen that should not happen. I want you to analyze this fact pattern based on our study of the law of negligence. Was the act negligent? Why or why not? Can the plaintiffs prevail? Why or why not? Use your notes and give me a step-by-step analysis.
Facts:
Laurie Nunez is a wealthy landlord. She owns several multi-dwelling units. On December 9, 2020, an extremely cold and snowy night, one of her tenants June Higgins told her that her heat was not working. Laurie called several plumbers but was unable to contact a plumber because it was 1:30AM. Laurie then called her brother who lives on the West coast. Her brother is not a licensed plumber but he is a very handy person and he can fix almost anything. Lauries brother told her to turn up the heat and call a plumber in the morning. Laurie took her brothers advice and went to her building. She thought to herself nothing is wrong. I should listen to my brother; he knows what he is talking about, and I should just turn up the heat. Laurie then turned up the heat. That evening while the tenants were sleeping the boiler exploded, the building caught on fire and injured several people in the building. Laurie is sued for negligence. Will she lose? Why or why not? Will she win? Why or why not?
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