Poor Little Ping: A Case of Negligence

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Instructions:

This assignment is worth 100 points, representing about 10% of your final course grade. This discussion requires you to recall, apply, and evaluate what you learned about the law of negligence as it relates to business. Review torts and the law of negligence in Chapter 7. Then read the fact summary below and answer the questions in your main post, following the prompts and guidance provided. Finally, critically evaluate your classmates' responses in a minimum of two replies. Complete and submit your posts by Sunday, October 9, 11:59p.

Facts:

In the state of Sequoia, a new statutory law—part of the residential building code—was enacted in January, 2022. The new law requires that "all residential swimming pools must be surrounded by a fence that is at least six feet or 1.83 meters high."

Olivia, a Sequoia citizen, works as a self-employed professional psychotherapist. Since the pandemic began in 2020, she has been operating her successful marriage and family therapy practice from her home office to save money. Olivia primarily serves working families, their children, and couples from her community.

Olivia's home features a pool in her backyard, and she just began building the fence in February to comply with the new state law. Because she has not had the extra money needed to pay the building contractor to complete it, Olivia temporarily stopped construction of the fence. One day, little Ping, a four-year-old child from the neighborhood, sees the pool while playing. Ping is fascinated and attracted to the sparkling blue water. Ping goes swimming in the pool and drowns.

Céline and Serge, the parents of Ping, sue Olivia in a wrongful death tort lawsuitLinks to an external site. for negligently causing the death of their child. Discuss.

Main Post:

Questions:

What must Ping’s parents specifically prove if they sue Olivia for negligence?

How can Céline and Serge prove their case against Olivia using a common plaintiff’s doctrine?