I need help with the following case study:
Dennis is a 10-year-old boy who is always getting into trouble. Everyone in the neighborhood knows Dennis; they've actually nicknamed him "The Menace." Mr. Wilson lives right next door to Dennis and has posted a large "No Trespassing" sign in his front yard to keep Dennis out. He also yells at Dennis to "Stay out!" whenever he sees Dennis walk by his house. All of the other neighbors have fences to keep Dennis out of their yards, but Mr. Wilson never put one up. Mr. Wilson decided to build a pool in his backyard. The pool builders, Pools R Us, came and dug a 20 foot long, 8 foot deep hole for the pool. After the workers went home, Dennis decided to investigate the new project. He walks over but then trips over a shovel one of the workers mistakenly left in the yard and falls into the hole. Mr. Wilson hears Dennis yell for help and puts a ladder in the hole so he can climb out. Dennis has a couple of bruises and minor cuts, but otherwise seems to be unharmed.
Dennis's parents want to sue Mr. Wilson and Pools R Us for their son's medical bills and emotional distress caused by the accident. Can they? What is their cause of action? What torts were involved? What possible defenses might Mr. Wilson and Pools R Us have? Please include sources.© BrainMass Inc. brainmass.com October 25, 2018, 7:08 am ad1c9bdddf
Depending on the state as each state has their own statutes regarding tort law and trespassing when children are involved Dennis parents may be able to sue. I will use the tort law emanating from Connecticut to discern the efficacy of their suit wherein the law states that if a property owner knows, or has reason to anticipate, that children will trespass on his land a special duty arises that necessitates the owner take appropriate steps to protect children from the property's dangerous conditions. In this case, the validity of the parent's claim will rest upon whether Mr. Wilson took appropriate steps to eliminate dangerous conditions that could pose harm to children trespassing or if he took preventive measures to keep Dennis away from the property (Reinhart, 2002).
The digging of a trench for a pool would possibly be construed as dangerous for ...
A child is injured after trespassing on property in the state of Connecticut even after the owner places "No Trespassing" signs. This posting examines the law in regards to whether parents can sue if their children are injured after trespassing. Explanations are given as to how the parents may sue under the doctrine of Connecticut law that enables homeowners to be sued if a child is injured regardless of trespassing under certain circumstances.
American Justice System
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