| Problem 17.1 Read the following descriptions. Each case involves an injury. Assume that a civil suit is brought by the injured person. For each case (1) identify the plaintiff and the defendent(s) and (2) determine wether the defendent should pay for the plaintiff's damages. Explain your answers. a. Fourteen-year-old Carrie is babysitting for four-year-old Jill. Carrie leaves Jill in the living room and goes in the kitchen to call her boyfriend. For the kitchen she can hear, but not see Jill. While she is away, Jill falls off the chair and is hurt. b. Ben, a high-school football player, tackles a teammate in practice. When the teamate hits the ground, his should is dislocated. c. Mr. Gundy owns a large apartment building. When his janitors wax the lobby floor, they place near the front door a 12-inch-square sign that reads: "Caution. Wet Floors." Mrs Gonzalez is hurrying home from shopping carrying two large bags of groceries. She does not see the sign and slips and falls on the freshly waxed floor, injuring her knee and arm. d. Consuela leaves a sharp knife on the kitchen table after making a sandwich. A three-year-old neighbor who has been invited to come over and play with Consuela's daughter climbs up on a chair, grabs the knife, and seriously cuts his finger. e. Harry, a school bus driver, has a heart attack while driving the bus. The bus slams into a wall, injuring several students. One month earlier Harry's doctor had warned him of his heart condition. f. Matt and Sara are sitting in the upper deck behind first base at a major leauge baseball game. A foul ball hit by the team's star player bounces off a railing, smacking Matt in the head and giving him a concussion. g. Janet, an expert auto mechanic, continues to drive her car even though she knows that the brake linings are badly worn. Driving on a rain slicked road at night, she skids into a bicyclist who is riding one foot away from the right curb. Problem 17.3 Carefully examine each of the following situations and determine wether a tort has been commited. If there is a tort, do you think it is an intentional wrong, negligence, or an activity for which strict liability should be imposed? Give your reasons. a. Jose trips over his untied shoelace while running to catch a bus, breaking his ankle. b. Cheryl is caught smoking marijauna in school and is suspended by the vice principal. Although Cheryl's mother knows her daughter sometimes uses this drug, she tells all the parents and teachers at the PTA meeting that Ms. Miller is a liar and bad administrator. c. Ms. Garnet buys a strong pain killer at the drugstore and takes the capsules according to the instructions. She has a bad reaction to the drug and has to be taken to the hospital. d. Meilei drinks too much alcohol at the office Christmas party. His supervisor, advises him to take a taxi home, he drives himself. Not noticing a stop sign, he strikes and kills a pedestrian. e. Marsha's mother asks her to run to the store to buy some soda. Masha buys the soda a runs home. When her mother opens the bottle, the glass explodes, cutting her arm and face in several places. Problem 17.10 Reread the Case of the Nonstop Car on the Civil cases page. Assume that the accident happened in a state without no-fault insurance coverage. Each had a policy covering all types of losses and including a $250 deductible for collision insurance. Also assume that it was Larry's fault. a. Whose insurace company would pay for Charles's hospital and car reapir bills? b. Whose insurance company would pay for Larry's hospital and car repair bills? c. What do you think would happen if the damages to Charles and his car were the damages greater than the limits of Larry's policy. d. If the damages were less than the poilcy's limits, would Larry have to pay any money to get his car fixed? Problem 17.11 You have an eight-year-old car with a market vaule of only $1,900. The annual cost of collision insurance is $500. If the state does not require collision insurance, should you to continue to purchace it? Give your reasons. Should you carry liability insurance? Give your reasons. |