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The Litigation Process, Negligence and Accountant Liability

Can anyone help me with these two questions please; I need a point of view.

Read this case please: Derek Dirt operates a home-based business selling herbs and supplements. He receives samples frequently and is constantly discarding unwanted samples, as well as packaging, old files, and other junk on a back yard trash heap that accumulates between trash pick-ups. Little Wendy Wanderer, age five, who lives next door, sees what, to her, promises to be a nice toy among Derek's trash. Upon coming closer, she is bitten by a rat. Wendy screams and then faints. Her nearby mother calls an ambulance which, on the way to the scene, jumps a curb and strikes Paul Pedestrian, seriously injuring him. Wendy requires a series of rabies shots. Except for some bad dreams, she apparently recovers. Derek and Wendy are both citizens and residents of Ohio. Paul, who is a citizen and resident of Texas, was visiting friends in Ohio when he was struck by the ambulance.

1. Was this an attractive nuisance? Explain

2. Do you think that Wendy is capable of the tort of trespassing? Explain

Solution Preview

1. Yes, the "trash heap" can constitute an attractive nuisance because of the packaging. The samples are packaged in boxes or containers that are quite colorful and are very attractive to a young child. That child has no concept that this packaging is on a trash heap. All that the child knows is that it sees something colorful or enticing to the point that its shape may be intriguing and ...

Solution Summary

The litigation process, negligence and accountant liability is examined. Whether the nuisance was attractive is determined.