Negligence & Strict Liability 1. Edith is a door-to-door saleswoman.
Negligence & Strict Liability 1. Edith is a door-to-door saleswoman.
Negligence & Strict Liability 1. Edith is a door-to-door saleswoman.
Chapter 7 Negligence & Strict Liability 1. Edith is a door-to-door
saleswoman specializing in spatulas and other types of kitchenware. Edith never calls before she comes to the door of a home; she simply walks from house to house looking for a sale. On January 12, 2009, she went from house to house on a pleasant street in Urbandale. As she approached the home of Jim Crabtree, she walked up his sidewalk and pushed the doorbell located next to his front door. When her finger touched the doorbell, it gave her a strong shock of electricity. The shock was so severe it burnt her fingernail right off the tip of her finger. She went to the hospital and was treated for her injuries. She filed a negligence lawsuit against Jim seeking compensation for her hospital bill. She claimed she was an “invitee” to the property. At trial, an electrician testified that the shock occurred because the wiring in the doorbell had deteriorated over the years. Jim testified that he was a lonely old man who rarely had any visitors. He stated that nobody had pushed his doorbell for approximately one year, and he had no idea that it would cause an electrical shock. Jim also stated that she was not invited to his property and he never gave her permission to be on the property, therefore she was a “trespasser” on his property. (5 points) A. Will Edith wins her negligence lawsuit? Circle: Yes or No B. Thoroughly explain why or why not and explain the strengths or weaknesses of their arguments: 2. Homer was using an electric razor to shave while he drove to work. As he lifted up his chin so that he could shave his neck, he ran into the back of Bart’s car. Bart had been sitting at a stoplight. As a result of the collision, Bart’s car collides with a telephone pole, causing it to fall. The falling pole then takes out some electrical power lines. The resulting power outage leaves Patty without any light in her apartment. As she fumbles in the darkness, she trips over her cat, falls, and breaks a bone in her leg. A. If Bart sues Homer for the damages he received to his car under the theory of negligence, will Bart recover? Why or why not? Be sure to address all 5 steps of negligence in your answer. (5 points) B. If Patty sues Homer for damages associated with her broken leg under the theory of negligence, will she recover? Why or why not? Be sure to address all 5 steps of negligence in your answer. (5 points)
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