Asked by Kayley Klein on May 01, 2024
Verified
Don starts a fire that soon consumes Paula's trailer.Don did not know that the trailer was occupied and had no reason to know this,but it was.After rushing into the trailer to save her child,Paula is severely burned.Paula sues Don in negligence.Assuming that Don has breached a duty,what two arguments might he make in defense? Assume that the traditional negligence defenses apply.Will these arguments work here?
Traditional Negligence Defenses
Defenses used in legal claims for negligence, including contributory negligence, comparative negligence, assumption of risk, and immunity, among others.
Severely Burned
An injury characterized by extensive damage to the skin and other tissues, often requiring medical intervention and characterized by varying degrees of pain, swelling, and blistering.
Duty
An obligation or responsibility imposed on an individual or entity by law or contract.
- Assess the impact of comparative negligence, assumption of risk, and various other defenses utilized in negligence lawsuits.
Verified Answer
ZK
Zybrea KnightMay 03, 2024
Final Answer :
Don can argue: (1)no proximate cause (because Paula's rescue attempt was unforeseeable);and (2)assumption of risk (because Paula acted voluntarily and was aware of the risk).(Technically,maybe contributory negligence would be possible too,since Paula did not act like a reasonably self-protective person. )But these arguments will fail,due to the "danger invites rescue" doctrine,which works to defeat both a proximate cause argument and any contributory fault defense.
Learning Objectives
- Assess the impact of comparative negligence, assumption of risk, and various other defenses utilized in negligence lawsuits.