Thither could have been negligence on the part of GM if they knew or should have known there was a hazard of a newcomer catching this disease. Negligence requires duty, breach, ca physical exercise and harm. In addition to standard negligence, if the land was under GMs care, custody or control they could also be liable under a theory of liability of a property proprietor since develop Johnson was an invitee. An invitee is a person who is invited onto the land for the purpose of return line dealings. If GM was the proprietor of the property then they have a duty to inspect for hidden dangers as well as warn of known dangers.
As far as defenses, GM could assert that 1) the property wasnt theirs, 2) Bud slewt prove he caught the disease on their property as opposed to somewhere else, 3) the facts dont state he had Happy Valley fever so they could always decline whatever he had was caught at their property or caused by them, 4) they could claim he wasnt there for business purposes, although this is believably not a good defense, 5) they were unaware of the danger, and an inspection wouldnt have revealed it.
Strict products liability doesnt apply here since he wasnt injured as a solution of any condition of the product itself, therefore a calamity to manufacture correctly, a failure to design correctly, or a failure to warn dont apply. A lawyer could argue that they should have warned that off road use can result in Happy Valley Fever, but that is real not due to a defect in the product and would be akin to warning people not to use it in a lava field.
The extent of a property owners liability for damages depends on whether the plaintiff is categorise as an invitee, licensee or trespasser.
Invitee: An invitee is a visitant who enters the premises for the commercial benefit of the property owner/possessor. The owner/possessor owes the highest level of responsibility to the invitee. It is the duty of the owner/possessor to protect or warn an invitee of hazardous conditions on the...If you want to get a full essay, order it on our website: Ordercustompaper.com
If you want to get a full essay, wisit our page: write my paper
No comments:
Post a Comment