The Jameson family have three young children, ages 8, 6 & 2. They live in a...

The Jameson family have three young children, ages 8, 6 & 2. They live in a home in an urban area adjacent to a local construction company. The construction company owns multiple construction vehicles, including several back hoes. The property is gated and fenced and there are "NO TRESPASSING" signs posted throughout the property. One day, the Jameson's 8 year old daughter managed to climb through a hole in the company's fence to play on the property. While there, she climbed up onto a back hoe and cut herself severely on a loose bolt. As a result of the cut, the Jameson's daughter required 28 stitches and will need surgery to repair tendon damage. Is the construction company liable for the injuries though the child was clearly on the property without permission. Explain your answer thoroughly.

Solutions

Expert Solution

My answer is NO.

Justification:

In the given question, the property belongs to a construction company which has a its own property, construction vehicles including many backhoes. In order to prohibit the entry of trespassers, they have done fencing aroud the property and has been restricted entry for outsiders only through the main gate. Also, to ensure the same, they have even kept a "No Trespassing" board as well within the property. By doing all these and taking all necesary measures, the company has made it clear that they doesn't entertain the entry of outsiders inside their premises.

As we can see here, the daughter has hurt herself by violating the enty restrictions. Hence, this gives an advantage for the company to indeed sue against the girl who entered the factory premises ignoring the warning board of "No Trespassing" as well. Also, the hurt has happened due to the sole ignorance of the daughter and the company has no role to play with regard to the same. In case the father goes to court for any damanges or to sue against the company for loose bolt, the company can even claim that those backhoes were not in a good condition and were kept for servicing at the company. And unfortunately the accident happened to the girl from that. If the company claims that the backhoe was already moved to the repairs area and the incident happened at that time, the company can keep their side safe and will be releived out of paying any damages to for the girl.

Therefore I conclude that the company is in NO WAY LIABLE for the damages and any case filed against them would become NULL because of the above mentioned reasons.

ekkarill92 answered 1 year ago

Next > < Previous

Related Solutions

Select one of these: Observe young children between the ages of 2-8 and the adults with...

Select one of these: Observe young children between the ages of 2-8 and the adults with whom they spend their days. Write me a story: describe ways you see the children imitating the adults. Notice how adults respond when children are hurt or upset. Do you see a difference in response between those who are knowledgeable about child development and those who are not? Do any of the adults deny the children's feelings or try to distract them? What is...

usan and Stan Collins live in Iowa, are married and have two children ages 6 and...

usan and Stan Collins live in Iowa, are married and have two children ages 6 and 10. In 2017, Susan's income is $38,290 and Stan's is $12,000 and both are self-employed. They also have $500 in interest income from tax exempt bonds. The Collins enrolled in health insurance for all of 2017 through their state exchange but did not elect to have the credit paid in advance. The 2017 year-end Form 1095-A the Collins received from the exchange lists the...

Susan and Stan Collins live in Iowa, are married and have two children ages 6 and...

Susan and Stan Collins live in Iowa, are married and have two children ages 6 and 10. In 2017, Susan's income is $38,290 and Stan's is $12,000 and both are self-employed. They also have $500 in interest income from tax exempt bonds. The Collins enrolled in health insurance for all of 2017 through their state exchange but did not elect to have the credit paid in advance. The 2017 year-end Form 1095-A the Collins received from the exchange lists the...

Susan and Stan Collins live in Iowa, are married and have two children ages 6 and...

Susan and Stan Collins live in Iowa, are married and have two children ages 6 and 10. In 2019, Susan's income is $41,214 and Stan's is $12,000 and both are self-employed. They also have $500 in interest income from tax exempt bonds. The Collins enrolled in health insurance for all of 2019 through their state exchange and elected to have the credit paid in advance. The 2019 Form 1095-A that the Collins received from the exchange lists the following information:...

Susan and Stan Collins live in Iowa, are married and have two children ages 6 and...

Jeff and Susan are divorced. They have three children together of ages 8, 11, and 14....

Jeff and Susan are divorced. They have three children together of ages 8, 11, and 14. The youngest child has a medical condition that requires regular trips to the doctor. Both of them work for the same company, and each of them has the same $10,000 life insurance coverage. How much (amount) of life insurance is needed, who should be covered by the proposed insurance, what type of life insurance would you recommend, and what other factors should be considered...

Andrew (52) and Kristin (46) are the married parents of two young children (ages 8 and...

Andrew (52) and Kristin (46) are the married parents of two young children (ages 8 and 9). Andrew is employed as a biologist for a start-up medical firm with a stable annual salary of $200,000. Kristin works part time as a pharmacist making $125,000/year. Andrew and Kristin have different levels of risk tolerance. Andrew tends to be a riskier investor and Kristin is by far more conservative. The family has no outstanding debt outside of a mortgage on their primary...

Bob has 3 children, ages 2, 6 and 8. He would like to pay for their...

Bob has 3 children, ages 2, 6 and 8. He would like to pay for their education at a public college, four years for each child beginning at age 18. The annual cost of education is currently $18,000 and has been increasing at 5% and is expected to continue. If his savings for their education expenses will earn 8.5%, a) What is the NPV of their college educations? b)Bob plans to save for their education expenses over the next 10...

im and Martha paid $7,900 in qualified employment-related expenses for their three young children who live...

im and Martha paid $7,900 in qualified employment-related expenses for their three young children who live with the in their household. Martha received $1,800 of dependent care assistance from her employer, which was properly excluded from gross income. The couple had $57,000 of AGI earned equally. What amount of child and dependent care credit can they claim on their Form 1040? How would your answer differ (if at all) if the couple had AGI of $36,000 that was earned entirely...

A family decides to have children until it has three male children. Assuming ?(????) = ?(??????)...

A family decides to have children until it has three male children. Assuming ?(????) = ?(??????) = 0.5, a. what is the probability that the family has ? female children? b. Calculate ?(?) and ?(?).

Subjects