Tort Law Assignment and Test
Answer each question completely.
- A Florida statute requires that all dogs wear collars (with tags identifying the dogs’ owners). Marty Dell owns a poodle but does not always require the poodle to wear a collar. Last week Ms. Dell’s poodle bit Grace Lane. Ms. Lane was on the sidewalk in front of Ms. Dell’s house and the poodle was not on a leash and was not wearing a collar at the time of the dog bite. Ms. Lane sued Ms. Dell, alleging she was negligent in allowing her dog to be on the sidewalk and that had violated the Florida statute requiring that dogs wear collars. Was Ms. Dell’s violation of the statute a breach of a duty? Explain your answer. (10)
- Amy was driving her car while applying mascara when she ran into a fence just off the road. She frightened a large raccoon, which immediately ran into the road. Neil was driving down the road and saw the raccoon. He swerved to miss the raccoon and hit Betsy’s rental car, which was parked on the side of the road because Betsy stopped to look at a map since she was unfamiliar with Fort Pierce. Betsy’s arm and leg were broken; she was taken by ambulance to a hospital where she had to undergo surgery on her broken leg. Betsy has been unable to return to work as a waitress because she cannot stand for long periods of time. Betsy sued Amy. Did Amy’s negligent act proximately cause Betsy’s injuries? Explain your answer. (10)
- See question 2. What expenses incurred by Betsy would be included in the compensatory damages she seeks? (8)
- Charlie and Claire were eating in a restaurant. During their meal, their waiter spilled hot soup on Charlie and Charlie was badly burned. If Charlie sued the restaurant for negligence, will respondeat superior apply? Explain your answer. (8)
- Julie owns an ostrich, which lives in her fenced yard. Recently the ostrich escaped and attacked Julie’s next door neighbor, Mel. Julie’s ostrich knocked Mel down and Mel suffered a concussion. Is Julie liable for Mel’s injuries? Explain your answer. (10)
- Marvin bought a ticket to a Tampa Bay Rays game and attended the game. The back of the ticket stated, “The purchaser of this ticket assumes all risk.” While seated in the stadium, he was struck in the head by a foul ball. Marvin had to be taken to the hospital by ambulance and sustained a concussion and required stitches. Did Marvin assume the risk? If he sues the Tampa Bay Rays for negligence, will he be successful? Explain your answers. (8)
- Karen gave a loaded gun to her seven year old nephew, Tim. Tim took the gun to his house and showed it to his father. Tim’s father did not take it away from Tim. Tim then accidentally shot and wounded Sam. Sam sued Karen for negligence. Was Karen’s negligent act the proximate cause of Sam’s injury? Explain your answer. (8)
- Susan was injured when she was walking by Leslie’s apartment. Leslie had installed a room unit air conditioner and Susan was struck by the air conditioner when it fell out of Leslie’s second story window. Leslie owns her house and installed the air conditioner herself. Does res ipsa loquitur apply? Explain your answer. (10) Tort Law Assignment and Test
- Carol has a five year old daughter, Ridley. Ridley is a very active and curious child. On several occasions, Ridley has left her house and wandered into a neighbor’s yard and, on one occasion, she crossed the street and was walking down the sidewalk when Carol discovered her. As a result Carol installed chain locks on all the doors of their house and watches Ridley very carefully. Last week Ridley managed to unlock one of the chain locks and run across the street. Helen was driving down the street and saw Ridley running across the road. She slammed on her brakes and Tom, who was driving 35 miles per hour in a residential area, ran into the back of Helen’s car (the speed limit was 25 miles per hour). Ridley was not injured; she did not even notice that Helen and Tom were involved in a car accident. Helen broke her arm, requiring surgery, and Tom broke his leg. Both Helen’s and Tom’s cars were damaged. Can Helen and Tom recover damages from Carol for negligence? Does Carol have a defense to negligence? Explain your answers. (10)
- Sam, an attorney, was hired by Betty to file a personal injury case. Betty was badly injured in a car accident. In order to file the lawsuit before the statute of limitations deadline, Sam was required to file the case on or before March 1, 2019. Through an error in calendaring, Sam missed the statute of limitations deadline. Can Betty recover damages for legal malpractice from Sam? Explain your answer. (8)
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Tort Law Assignment and Test