Tort of Negligence
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2. In the movie Jaws, the Mayor of Amity and a few other men try to persuade Chief Brody not to close the town's beaches. If the chief keeps the beaches open and a swimmer is injured or killed because Brody failed to warn swimmers about the potential shark danger, has Brody committed the tort of negligence? Explain.
Now suppose that Chief Brody goes against the mayor's instructions and warns swimmers to stay off the beach. Nevertheless, several swimmers do not heed his warning and are injured as a result. What defense or defenses could Brody raise under these circumstances if he is sued for negligence?
Can Chief Brody be held liable for any injuries or deaths to swimmers under the doctrine of strict liability? Why or why not?
Remember you are making a legal argument, use the elements of negligence, and apply the facts from the movie. (Don't forget Palsgraf.)
1000 words
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Solution Summary
The Tort of Negligence is examined. The potential shark danger of swimmers are determined.
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http://injury.findlaw.com/accident-injury-law/elements-of-a-negligence-case.html
http://injury.findlaw.com/accident-injury-law/defenses-to-negligence-claims.html
https://www.poam.net/legal/2014/how-does-governmental-immunity-apply-to-the-acts-of-police-officers/
. In the movie Jaws, the Mayor of Amity and a few other men try to persuade Chief Brody not to close the town's beaches. If the chief keeps the beaches open and a swimmer is injured or killed because Brody failed to warn swimmers about the potential shark danger, has Brody committed the tort of negligence? Explain.
The act of negligence by any person who is a government official is determined if certain variables are met, and I will explain these variables. First and foremost, there must be a duty in which the person owes a duty to the swimmers as a result of the relationship between the swimmer and the police chief. This is determined by a judge, and in this case, it would be surmised that the city, mayor, and chief owed a duty of care toward the plaintiffs, because any reasonable person would surmise that these officials had a duty to close the beaches after the first shark sightings and/or attacks. Although I believe the defendant had a duty of care that had to be met, all of the variables associated with proving negligence must be met, and there must be a determination by a jury that the police failed to exercise their reasonable care in ensuring that they carried out their duty. The jury would likely decide ...
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