Question

Fred is on his way to Palm Desert to enjoy the weekend with his friends. The two-hour road trip from Los Angeles to the desert will be much more enjoyable with a few snacks for the journey. Fred stops at his local 7-11 to buy a Dr. Pepper and a Snicker's bar. Fred leaves his motor running while he enters the store. For some reason, his car's transmission engages and the vehicle collides with the adjacent gas pump causing a fire that spreads to the entire strip mall down the street. The fire finally reaches the Pep Boys store where Julia is shopping. As Julia attempts to leave the burning store, the Manny, Mo, and Jack, Pep Boys sign falls on her causing a few injuries. Can Julia recover from Fred? Why or Why not?

Answer 1

answer-

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Yes, Julia can recover from Fred based on Negligence tort law. Under Common law, Negligence tort is a civil wrong in which a defendant failed to act a reasonable person and breach duty of care which cause damage or harm to another party or plaintiff.

Julia can win the case and recover from Fred if she can prove elements of negligent tort-

Duty of care- This is the first element of negligent tort. In this Julia should prove that Fred had a duty of care to act as a reasonable person and avoid any actions which can cause harm to others.

Breach of duty of care- This is the second element in which Julia has to prove that Fred breached his duty of care. In this case, there is fact that " Fred leaves his motor running while he enters the store." A reasonable person who drives car and went to buy something from a store or any outside place will always leave car not running or shut off. Fred breached his duty of care when he leaves his motor running.

Causation- This is the third element in which Julia has to prove that Fred's actions were the actual cause of the julia's injuries. If fred did not leave the motor running then car would not engage and collide with gas pump leading fire and further accidents. This shows all happens duty to Fred leaves his motor running.

Damage- This is the last element in which Julia prove that she suffered injury or harm or damage actually recognizable. Julia can show her injuries and medical reports in court to recover damages from Fred.

NOte- hope these ideas and views will help you in your question home work. Please please give this an UPVOTE if it helped you. it helps me too. i appreciate it. THANKYOU..