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    Torts Assignment 3

    Uploaded by

    Barbara Brown
    Jake, Alex and Ethan were looking at a Christmas display on the Smith's property when Jake stepped in a groundhog hole and fell into a tree with faulty wiring, receiving an electric shock. Jake sues Mr. Smith. As a trespasser, Mr. Smith owes a duty to prevent serious bodily harm from known dangerous conditions like the groundhog holes. Mr. Smith will likely be found liable because he was aware of the holes but failed to fix them, putting Jake in danger. Mr. Smith could sue Jake for trespassing and the damages caused by shorting out the decorations, as Jake was on the property without permission and caused property damage.

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    Torts Assignment 3

    Uploaded by

    Barbara Brown
    100 views3 pages
    Jake, Alex and Ethan were looking at a Christmas display on the Smith's property when Jake stepped in a groundhog hole and fell into a tree with faulty wiring, receiving an electric shock. Jake sues Mr. Smith. As a trespasser, Mr. Smith owes a duty to prevent serious bodily harm from known dangerous conditions like the groundhog holes. Mr. Smith will likely be found liable because he was aware of the holes but failed to fix them, putting Jake in danger. Mr. Smith could sue Jake for trespassing and the damages caused by shorting out the decorations, as Jake was on the property without permission and caused property damage.

    Original Description:

    Torts assignment for National Paralegal 2018

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    Jake, Alex and Ethan were looking at a Christmas display on the Smith's property when Jake stepped in a groundhog hole and fell into a tree with faulty wiring, receiving an electric shock. Jake sues Mr. Smith. As a trespasser, Mr. Smith owes a duty to prevent serious bodily harm from known dangerous conditions like the groundhog holes. Mr. Smith will likely be found liable because he was aware of the holes but failed to fix them, putting Jake in danger. Mr. Smith could sue Jake for trespassing and the damages caused by shorting out the decorations, as Jake was on the property without permission and caused property damage.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    100 views3 pages

    Torts Assignment 3

    Uploaded by

    Barbara Brown
    Jake, Alex and Ethan were looking at a Christmas display on the Smith's property when Jake stepped in a groundhog hole and fell into a tree with faulty wiring, receiving an electric shock. Jake sues Mr. Smith. As a trespasser, Mr. Smith owes a duty to prevent serious bodily harm from known dangerous conditions like the groundhog holes. Mr. Smith will likely be found liable because he was aware of the holes but failed to fix them, putting Jake in danger. Mr. Smith could sue Jake for trespassing and the damages caused by shorting out the decorations, as Jake was on the property without permission and caused property damage.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    TO: Professor

    FROM: Barbara Brown

    DATE: February 2, 2018

    RE: Torts – Assignment 3

    Jake, Alex and Ethan are teenagers out for a walk on Center Street when they spot a

    bright and inviting Christmas display on the Smith’s property. Without meaning to

    damage anything, they decide to walk across the lawn to get a closer look.

    Unknown to them, there is a faulty electrical connection on one of the mini twinkle lights.

    Mr. Smith had intended to repair the wiring, but he didn’t get around to it before

    installing the display. In addition, there are a few groundhog holes on the front lawn that

    Mr. Smith knows about but never worried about because he knows where each one is.

    Jake steps right into a groundhog hole, twists his ankle and falls with a howl right into

    the tree with the shorted wire, causing him to get a shock on his arm and shorting out all

    the decorations on that circuit. Jake sues Mr. Smith.

    1) For purposes of liability of land occupiers, what class of entrants is Jake

    considered part of? What are the rights of this class of entrants?

    Child trespasser; This duty of trespassers, the landowner owes a duty to undertake

    actions to prevent bodily harm from happening to the trespasser. By the owners
    knowing that the groundhog holes were their they had a duty to protect trespassers from

    get hurt.

    2) What special rule or doctrine could potentially lead to Mr. Smith’s liability to

    Jake?

    Landowner owes a duty not to undertake actions or allow artificial conditions that cause

    a risk of death or serious bodily harm to the trespasser. Landowner don’t owe a duty to

    trespasser, but they do when a known danger is detected to repair/fix any damage to

    prevent danger to trespasser, which is the foreseeable trespasser. The Child trespasser

    doctrine also indicates if these kids are under 18, they are teenagers; that a land owner

    knows should know that children are likely to enter property, for that particular purpose;

    the land owner has duty to protect/warn of the danger. The invitee is a person with

    implied permission to enter parts of the property; which the land owner has a duty to

    warn or protect the licensee from any latent dangers, the land owner has a reasonable

    duty to when discover to prevent those dangers or adequately warn the invitee of the

    danger; this duty extends to dangers that the land owner does actually know about,

    posting warning sign is usually good enough. The licensees are the person with

    permission and these trespassers didn’t have permission.

    3) All things considered, do you think Mr. Smith will be liable? Why or why not?

    Yes, because Mr. Smith was aware of the groundhog holes and neglected to fix the

    damage to prevent any harm to trespassers. Any consistent trespasser on your property

    the land owner owe a duty not to undertake actions or allow artificial conditions that

    could cause a risk of death or serious bodily harm to the trespasser; if the land owner

    know of danger and the need to repair condition on land he/she has a duty to
    protect/warn of danger; there was a faulty electrical connection on one of the mini

    twinkle lights. Mr. Smith had intended to repair the wiring, but he didn’t get around to it

    before installing his display. There were a few groundhog holes on the front lawn that

    Mr. Smith knew about but never worried about because he knew where each one was.

    With this knowledge he had an obligation to prevent any danger to persons.

    4) Mr. Smith wants to sue Jake for shorting out all the decorations and ruining the

    circuit. For what tort would he do so? Trespassing, Will Jake be held liable? Yes, for the

    damages he has done. Explain. Jakes was on his property without his permission and

    did cause damage by shorting out all the decorations on the circuit.

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