Question

Business Law: Allen is driving below the speed limit in the left lane of a busy one-way road. Out of nowhere, a ten-year-old child, Ben, runs into the street chasing a soccer ball. Allen, in order to avoid hitting Ben, swerves into the right lane. Allen avoids hitting Ben but causes Carl, who is driving in the right lane going 20 mph over the speed limit, to lose control of his car and hit a telephone pole. Carl is badly hurt. The telephone phone falls over and snaps in two. One half of the pole roles over and crushes Ben’s leg; the other half falls onto Danny’s house and smashes a hole in the roof. Discuss and Explain the following:

A. As to Ben, is Allen liable for damages? What defenses would be available to Allen?

B. As to Carl, is Allen liable for damages? What defenses would be available to Allen?

C. As to Danny, is Allen liable for damages? What defenses would be available to Allen?

Answer 1

Answer 1:

As to Ben, Allen is not liable for damages.

Following are the defenses available with Allen as

• Allen was running below the speed limit.
• Allen tries to save the life of a Ben, by avoiding the hit to Ben, who suddenly arrived in the path following a saucer ball.
• Ben is not hit by Allen directly.
• Ben is hit by pole, which fall down due to hit by Curl, who is running with speed higher than speed limits on the road.

Answer: As to Carl, Allen is not liable for damages.

Following are the defenses available to Allen

• Allen is not purposely hit Curl, but he gets in cause for Curl, to avoid a ten year old boy Ben, who suddenly arrived in the path following a saucer ball.
• Curl was driving with a speed higher than allowed speed limit by 20 mph. driving with high speed than allowed limit is a crime.
• Curl could not be able to control his car due to over speed than limits, and met with hit with the pole.

As to Danny, Allen is not liable for damages,

Following defenses available to Allen are as below

• Danny’s house is damaged due to pole fall down on Danny’s house. The pole fall down is due to Curls hit on the Pole and not hit by Allen.
• Allen does not have direct interaction on the Danny’s house.
• Pole fall down is liable to Curl, as he was driving with speed higher than the limits and hit the pole, which fall down on Danny’s house.