Question: Now consider this fact situation. Don was doing work on his house. He was up on a very tall ladder repairing a piece of siding.
Now consider this fact situation.
Don was doing work on his house. He was up on a very tall ladder repairing a piece of siding.
David, his next door neighbor, was cutting his grass on his high-speed riding lawnmower.
David lost control of the lawnmower, veered into Don's yard, clipped the ladder, and sent Don spiraling downward.
Luckily, Don was able to grab a lower rung of the ladder, breaking his fall.
He only suffered a sprained wrist and sore back.
His emergency room bill was $1,800.
Can Don recover damages for negligence from David? To analyze why or why not, explore the following:
(1) Explain each of the five elements (i.e. requirements) for negligence;
(2) Explain what needs to be proved by the plaintiff concerning each requirement; and
(3) Explain whether each element is proved by Don in this situation. Why or why not?
Note that "elements" is another word meaning requirements.
Go beyond the introductory part of the section on negligence. I want to know that you understand each element. Also, make sure you get the important terms into your answer. Be sure to state what standard is required of an ordinary person operating a lawnmower.
Each element should have its own bullet point or paragraph.
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