Question
Peter owns a landscaping business and has recently contracted with Suh to perform work on both her front and back yards, including new lighting, flowers,
Peter owns a landscaping business and has recently contracted with Suh to perform work on both her front and back yards, including new lighting, flowers, plants, shrubs, a tree, and help getting the grass looking good again.
It is time for Peter to begin work on Suh's project, and he goes to his local home improvement store to find lighting fixtures. Peter likes Moe's Outdoor Lighting Fixtures the best, but the store is all out. Peter finds another brand of lights, Stan's Lighting Fixtures. He hasn't used them before, but he's worked with lots of different brands of lights, so he figures he shouldn't have a problem installing them.
Peter goes to Suh's house with his supplies and begins the project. Peter installs the lights and plants the rose bushes and shrubs. He will finish up by doing the rest of the planting and taking care of the front and back yard grass tomorrow. Peter turns on the new lights so that Suh can enjoy his work and then goes home for the night.
Later that night, Suh's sprinklers come on and the new lighting fixtures get wet. One of the fixtures starts to throw sparks, with some sparks landing on Suh's old patio furniture that she has stacked up by the side of the house. The furniture is very old, dry wicker and it has been sitting there for years, but Suh just hasn't gotten around to throwing it out. The wicker acts like kindling and the patio furniture catches fire quickly. Luckily, Suh is still awake and sees the flames. She is able to put out the fire, but not before it chars the side of her house. Suh sees sparks still flying from the new lighting fixture and immediately calls Peter.
Peter comes over and investigates what happened. It turns out that in order to make the Stan's Lighting Fixtures completely waterproof, the installer is supposed to apply sealing tape at a certain point on the wiring, which Peter didn't do.
Questions
If Suh sues Peter for negligence, do you think she would be successful? Explain in detail why or why not.What, if any, defenses could Peter have?
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