02 Jan Your neighbor’s small

Homework 6

Betsy Boomer does not own a car and she must rely on friends for transportation. Last month, Betsy

asked Freda Farnsworth to drive her to the store. Freda is known to be a reckless driver, but Betsy is

not in a position to be choosy. On the way to the store, Freda is distracted by Betsy and hits a

telephone pole. The car, of course, is damaged, and Betsy is injured. Describe Freda’s possible liability

and the various defenses to or modifications of liability that her lawyer may try to employ in her

defense.

2. Your neighbor’s English bulldog, Cedric, is very friendly, but you wouldn’t know it by looking at him.

Last Monday, the substitute mail carrier met Cedric as he was approaching the mailbox. Because the

mail carrier is afraid of even small dogs, he collapsed from fright at the sight of Cedric approaching,

fell to the ground, and broke his left arm. A motorist, who observed this situation while driving by,

rammed the neighbor’s parked car. The parked car then proceeded down the street through two

fences, finally stopping in Mrs. Smith’s living room.

a. Is there a case for litigation involving your neighbor? b. Where does the motorist’s liability fit into this picture?

Your neighbor’s small children run wild all day, every day, totally ignored by their parents. You

have forcibly ejected them from your swimming pool several times but they return the next day. Your

complaints to their parents have had no effect. Do you think it is fair to hold you responsible for the

safety of these children simply because your swimming pool is an attractive nuisance? Are their

parents being negligent? Can you use their possible negligence in your defense in the event one of the

children drowns in your pool and they sue you for damages?