Asked by Justene Hirsig on Jun 20, 2024
Verified
George is riding his skateboard down the street while listening to music with earbuds in. George does not see Martha, a store owner, who is putting flowers out in front of her store. He looks up just in time and swerves to miss Martha but knocks her flower display down, shattering it to pieces. Is he liable?
A) No, Martha was not injured.
B) No, because property is not a compensable loss.
C) No, Martha had a duty not to be on the sidewalk.
D) Yes, Martha suffered a compensable loss.
E) Yes, because George had the intention of being on the sidewalk which is always a breach of his duty of care.
Compensable Loss
A financial loss for which one can receive compensation, often through insurance or litigation.
Duty of Care
A duty mandated by law placed on a person to exercise reasonable care in actions that might predictably injure other people.
Skateboard
A small, narrow board with two pairs of wheels attached to its bottom, used for the sport of skateboarding.
- Master the concept of negligence, highlighting the critical elements of duty, violation of duty, causation, and consequential damages.
- Discriminate between the different forms of damages in negligence cases, notably compensatory versus punitive damages.
Verified Answer
BC
Bethany CurtisJun 25, 2024
Final Answer :
D
Explanation :
George is liable because he caused damage to Martha's property, which is considered a compensable loss. Liability does not require physical injury to a person; damage to property also constitutes a basis for liability.
Learning Objectives
- Master the concept of negligence, highlighting the critical elements of duty, violation of duty, causation, and consequential damages.
- Discriminate between the different forms of damages in negligence cases, notably compensatory versus punitive damages.