Question: For the Chapter 8 assignment, please succinctly answer or respond to the two parts of the assignment. Part One: Please observe two negligence suits waiting
For the Chapter 8 assignment, please succinctly answer or respond to the two parts of the assignment. Part One: Please observe two negligence suits waiting to happen in your world. Try to spot some careless maintenance, unsafe condition or other unreasonable behavior that invites a potential negligence lawsuit. Once you have identified the negligence suits waiting to happen, then please write a brief report in which you identify the duty that the potential defendant owes and how the defendant is breaching that duty. Finally, identify how the defendant's potential breach might cause the potential plaintiff's damage. (Remember, the five essential elements of a negligence claim are Duty, Breach, Factual Causation, Proximate Causation and Damage.) Part Two: Please analyze the following situation and discuss briefly how a court would determine causation in a negligence suit against Travis, our defendant in this negligence case: On Monday, Travis took his four-wheeler to Reppart's Equipment & Service for repair because the steering was not working properly. On Friday, he called Reppart's to see if his four-wheeler was ready because he wanted it for a weekend trip. Reppart's said they had done the major repairs but that the steering system still needed some work and that they needed another few days to finish the repairs. Travis told them he would pick the four-wheeler up that day, use it for the weekend and then bring it back to have them finish their work. While riding with friends on the weekend, Travis ran into someone because the steering stuck and he couldn't swerve to avoid them. (Remember, as discussed in Chapter 8 of the textbook, there are two elements to causation in negligence cases, factual cause and proximate cause.)
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