Question

intro to business law

Jackson drove onto Blair’s property. He had been invited by Blair to have lunch on Blair’s property. Blair was aware of the fact that recent heavy rain and melting snow resulted in numerous pot holes and ruts on his property which made certain parts of his road dangerous to travel. Blair didn’t warn Jackson of the condition of his road, reasonably believing that he would notice the deep ruts and exercise sufficient care. While driving, Jackson was briefly distracted by his child when she screamed, didn’t notice the condition of the road, hit a rut, and skided into a tree. Is Blair responsible for Jackson’s injury? Please explain.

Answer 1

In this case, yes, Blair would be responsible for Jackson's injury but court would held both contributory negligence because both jackson as well as Blair were negligent under tort law.

Negligence tort means when a person failed to act or exercise reasonable care and another person suffer harm. In this case, Jackson has invited the Blair at his property for dinner so he has duty of care towards Jackson that He should inform Jackson about the condition of the road risky due to heavy rain and melting snow created pot holes and ruts.Not informing means he breached his duty of care towards Jackson and which leads to harm.

in case of Jackson, He was driving the car so as reasonable person he has to focus on conditions of the road and give focused attention on driving while he got distracted with scream of his child and did not notice the condition of road so this also lead to breach of duty of care and car skidded into a tree.

so, court will held both liable under contributory negligence.