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Road Accident - Q2

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Intendere

Junior Member
What is the name of your state? VA

Hello, I am new to law and am taking an introductory course. I have been given two questions to think about and contribute to in a blackboard forum but it is puzzling me. If anyone can help, that would be much appreciated. This is the second question/scenario:

1. Allan owns a house with a large garden. He has employed "Tree-acres", a firm specialising in tree management, to take down a large tree growing in his garden. Unfortunately, Tree-acres mismanged the undertaking and a branch of the falling tree broke telephone wires leadign from a pole across the road to Allan's house. The wires were trailing dangerously on the roand and Gordon, a neighbour, fearing they may cause a traffic accident, was attempting to lift the wires to the side of the road when he was knocked down by Susan, who was driving a car at speed round the corner. The accident aggrevated a pre-existing back condition, which mean that Gordon's injuries were fairly severe.

Consider the liability, if any, of Allan, Tree-acres, and Susan for Gordon's injuries.What is the name of your state?
 


tigger22472

Senior Member
Intendere said:
What is the name of your state? VA

Hello, I am new to law and am taking an introductory course. I have been given two questions to think about and contribute to in a blackboard forum but it is puzzling me. If anyone can help, that would be much appreciated. This is the second question/scenario:

1. Allan owns a house with a large garden. He has employed "Tree-acres", a firm specialising in tree management, to take down a large tree growing in his garden. Unfortunately, Tree-acres mismanged the undertaking and a branch of the falling tree broke telephone wires leadign from a pole across the road to Allan's house. The wires were trailing dangerously on the roand and Gordon, a neighbour, fearing they may cause a traffic accident, was attempting to lift the wires to the side of the road when he was knocked down by Susan, who was driving a car at speed round the corner. The accident aggrevated a pre-existing back condition, which mean that Gordon's injuries were fairly severe.

Consider the liability, if any, of Allan, Tree-acres, and Susan for Gordon's injuries.What is the name of your state?

What is so difficult about it.. You are to assess the percentage of liability .. if any of the parties involved and see if they were reasonably negligent...

(and just for the record I did NOT knock anyone down..:D )
 

Intendere

Junior Member
Tigger,

Thank you for responding so quickly. I'm new to law as I said and do have my own idea but I like to make sure.

As far as I see it Tree-Acre have a 'duty of care' to perform the skill to a sufficient level, correct? Conclusion - they were negligent, right? I mean, is that what one would call their wrong-doing? Technically speaking.

I'm assuming Allan is ultimately responsible and also is negligent because an injury occurred to a neighbor as a result of something happening on his land. Am I correct in saying this.

I'm also assuming Gordon is at fault for contributory negligence as he should have known that telephone wires should not be meddled with, nor should he have been on the road. Correct?

Finally, Susan may be at fault because she should have been driving at a speed with which she could have braked soon enough. But, is she entirely at fault because Gordon shouldn't have been there. Again, is this correct?

The final over-arching question is who should Gordon pursue damages from and Allan, perhaps??
 

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