Claim #1 Negligence: Premises liability vs. Homeowner
Injury: Vicky received multiple hornet stings, providing an allergic reaction, which is a physical injury sufficient for a negligence claim.
Duty: Vicky is considered to be an unknown trespasser. That means that she is not only trespassing, but the landowners are unaware of her presence. Vicky was given no permission expressed or implied to be on the property. In this case the homeowners were not home, when the incident causing injury occurred. A defendant owes no duty of care to a trespasser he is not aware of. Also, the defendant has not duty to continually surveil his property for unknown trespassers. Hypothetically, Vicky may argue that her trespassing was foreseeable to the homeowners, …show more content…
Both are physical injuries and a sufficient basis for a negligence claim.
Duty: Generally, no duty is owed to aid or rescue an injured person. However, once a person has voluntarily provided aid that person now has a duty of reasonable care to the injured person, not necessarily successful care. In our case, both Dwayne and Felix had voluntarily undertaken a duty to aide Vicky with reasonable care.
Breach: Dwayne and Felix breached their duty of reasonable care to Vicky. They pulled her away from the hornets’ nest and correctly called emergency assistance. However, after the emergency operator instructed them that ambulance was on its way, they hung up and proceeded to leave the scene. Before leaving, they acted unreasonably by carrying Vicky and dropping her to the ground at one point. Their idea was that moving Vicky closer to the road, would allow the ambulance to find her faster. However, the ambulance was responding to the exact GPS location from where the phone call came. And since Dwayne and Felix were not present to direct the ambulance, their replacement of Vicky actually caused confusion for the ambulance. A reasonable person would not have prematurely hung up on the operator, and I assume the operator would have told them not to move Vicky and not to flee the …show more content…
Therefore, their breach of engaging in the unreasonable carrying of Vicky, factually and proximately caused the injuries to her shoulder.
Affirmative Defense: With this claim Vicky in no way contributed to the injuries of her shoulders. Dwayne and Felix took it upon themselves to carry her causing the injury. She would have been better off if they would have just fled the scene after calling 911. She had no control of them carrying or dropping her to and in no way contributed to their decision to do so.
Damages: Vicky should be awarded personal injury damages, for the injuries to her shoulder. Such damages will include any medical bills or rehabilitation expenses both past and future, in order to repair her shoulder. I would want to know if this shoulder injury forced Vicky to miss any time from her teaching duties. As she would be compensated for lost income or future earnings as well. Also Vicky may be compensated for any pain or emotional distress that directly stems from the incident causing her shoulder
Injury: Vicky received multiple hornet stings, providing an allergic reaction, which is a physical injury sufficient for a negligence claim.
Duty: Vicky is considered to be an unknown trespasser. That means that she is not only trespassing, but the landowners are unaware of her presence. Vicky was given no permission expressed or implied to be on the property. In this case the homeowners were not home, when the incident causing injury occurred. A defendant owes no duty of care to a trespasser he is not aware of. Also, the defendant has not duty to continually surveil his property for unknown trespassers. Hypothetically, Vicky may argue that her trespassing was foreseeable to the homeowners, …show more content…
Both are physical injuries and a sufficient basis for a negligence claim.
Duty: Generally, no duty is owed to aid or rescue an injured person. However, once a person has voluntarily provided aid that person now has a duty of reasonable care to the injured person, not necessarily successful care. In our case, both Dwayne and Felix had voluntarily undertaken a duty to aide Vicky with reasonable care.
Breach: Dwayne and Felix breached their duty of reasonable care to Vicky. They pulled her away from the hornets’ nest and correctly called emergency assistance. However, after the emergency operator instructed them that ambulance was on its way, they hung up and proceeded to leave the scene. Before leaving, they acted unreasonably by carrying Vicky and dropping her to the ground at one point. Their idea was that moving Vicky closer to the road, would allow the ambulance to find her faster. However, the ambulance was responding to the exact GPS location from where the phone call came. And since Dwayne and Felix were not present to direct the ambulance, their replacement of Vicky actually caused confusion for the ambulance. A reasonable person would not have prematurely hung up on the operator, and I assume the operator would have told them not to move Vicky and not to flee the …show more content…
Therefore, their breach of engaging in the unreasonable carrying of Vicky, factually and proximately caused the injuries to her shoulder.
Affirmative Defense: With this claim Vicky in no way contributed to the injuries of her shoulders. Dwayne and Felix took it upon themselves to carry her causing the injury. She would have been better off if they would have just fled the scene after calling 911. She had no control of them carrying or dropping her to and in no way contributed to their decision to do so.
Damages: Vicky should be awarded personal injury damages, for the injuries to her shoulder. Such damages will include any medical bills or rehabilitation expenses both past and future, in order to repair her shoulder. I would want to know if this shoulder injury forced Vicky to miss any time from her teaching duties. As she would be compensated for lost income or future earnings as well. Also Vicky may be compensated for any pain or emotional distress that directly stems from the incident causing her shoulder