Torts Quiz

[jeffjoe]

Here's one from real life.  Someone on TBA-Link sent this.  So, what if a kid blindly walks into the pond and drowns?


 I have a client who is developing a rather large subdivision (back from the days when I did real estate stuff - no more).  One phase involves a number of lots surrounding a large pond.  The lots technically go out to the center of the pond where they all meet so that eventually, when all the lots are sold, the homeowners will own their own portion of the pond, presumably with easements over the other portions for purposes of fishing, etc.  Until all the lots are sold, my client still owns the unsold lots.  Some of the sold lots have children living there.
 
Question:  He has tried to get general liability insurance to cover himself should any of these children blindly walk in to the pond while the parents are drunk on the couch and drown.  He cannot find any insurance companies to insure him for any substantial amount.
 
Do any of you dirt lawyers know of any insurance companies he might try?  Thanks.

[Slyone]

yes, that's part of it. If a statute dictates a standard of care and you violate it then you are "negligent per se".
HOWEVER!
The injury must be the type of injury the statute was designed to prevent:
violating speeding ordinance and causing accident. driving without license and causing an accident is NOT neligent per se.
The plaintiff must be in the class of person that the statue was designed to protect:
speeding violation that results in crashing into a building, not another car, is NOT neg per se.
and the violation of the statute MUST HAVE CAUSED the injury.
If you are speeding and rear end a car and the person gets out and gets smashed you are not negligent per se......
make sense?

When is someone "negligent per se"?

I'm not 100% sure, but I believe it is when you break a law in the performance of a tort.

[Slyone]

I don't know? Trespassing? Attractive nuisance? Playground doctrine?
That's not until the final! 

[Slyone]

hellloooo? I'm waiting?

going out on a limb here.....it doesn't apply........

Yes, but what about captain of the ship?

Vicarious liability:
In Tn, the employer is liable for the employee's negligence solely on the doctrine of
"respondeat superior".

When does captain of the ship doctrine apply in Tennessee?

[jeffjoe]

I don't know? Trespassing? Attractive nuisance? Playground doctrine?
That's not until the final! 

Owner is not liable unless there is a concealed or hidden danger.  That case we read ruled that water by itself is not an unreasonable risk.

But to be safe he should fence it in.




Captain of the ship doctrine is not law in Tennessee anymore.

[Slyone]

In TN, when can a plaintiff recover for Negligent Infliction of ED?
Distinguish from other jurisdictions (if possible....)

[Slyone]

What are the exceptions to "no duty to aid"

[Slyone]

when is a seller liable for injuries from his sale of alcohol?

[jeffjoe]

when is a seller liable for injuries from his sale of alcohol?

When it is a cause in fact (but for) of the injury and seller had knew or had reason to know injury would occur.

Ooooo.  Look.  I guessed.

[jeffjoe]

What are the exceptions to "no duty to aid"

damn.  brain freeze.   

when the duty is assumed.