     C/qani | Monday, February 19, 2001 - 08:00 pm
I have come across this question in one of these law web sites designed for students to benefit. It comprises a lot of Tort principles and how you as a lawyer will adress this issues.
This is a question that needs a lot of consideration given its broad scope. Antone who can contribute is welcome and i hope if you have similar questions that will help us too in our quest to post them ,,,thank you
QUESTION 1
Terrified by a spate of burglaries and car thefts in her neighborhood and unable
to afford a high-tech home security system, Hannah Hill decided to buy a guard dog. After
considering a number of breeds, Hill bought a pit bull on the theory that the breed’s notoriety
as a vicious fighting dog would provide extra deterrence against would-be criminals. S h e
placed the dog in her fenced yard and erected prominent warning signs along the fence
stating, “WARNING! GUARD DOG ON DUTY!”
The day after Hill brought the dog home, Timmy Morgan, a dog-loving two-year-
old who lived next door to Hill, saw the dog in Hill’s yard and was thrilled. As hi
mother was busy folding laundry, Timmy slipped out the front door and toddled toward Hill’s
house. As Timmy approached the fence, the dog bared its teeth and snarled, but Tiimy
mistook the dog’s behavior for a greeting and continued to approach.
Two bystanders saw Timmy approaching the snarling dog and immediately
realized the grave danger: Scott Rex, a passing motorist, and Dr. Elsa Shaw, a cancer
surgeon at the local veterans hospital who lived across the street from Hill and was gardening
in her front yard. As Dr. Shaw looked on, Rex slammed on his brakes and leaped from his
car, intending to grab the boy and pull him back from the fence. After Rex had sprinted half
way across the yard toward Timmy, however, Rex realized that, in his rush to save the boy,
he had forgotten to put his car into park. He glanced back and saw hi prized 1962
Thunderbird coupe rolling slowly forward toward an ornamental stone mailbox on the
Morgans’ property. Realizing that the original paint on his treasured car would be damaged
if it came to rest against the mailbox, Rex immediately turned and raced back to try to stop
his car. A minute later, as Timmy reached out toward the fence, Hill’s dog leaped over the
fence and mauled the boy in the Morgans’ yard. Almost immediately after that, Rex’s car hit
the mailbox, causing $500 in damages to Rex’s car and $75 in damages to the Morgans’
mailbox.
Discuss any potential tort claims that might be asserted against Hill, Shaw
and/or Rex. Be sure to discuss all available theories of recovery, their chances for success,
and the scope of each potential defendant’s liability, if any. |
