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Attractive Negligence Case Digest

639 Words3 Pages

INTRODUCTION Defendant Ms. Kalani Herrera ("Ms. Herrera") respectfully request the court grants Ms. Herrera 's motion for summary judgment and dismiss the plaintiffs, Mr. And Mrs. Malone 's ("Malones") personal injury claim. The Malones have a brought a personal injury lawsuit against Ms. Herrera under the attractive nuisance doctrine on behalf of themselves and their daughter Maria Malone ("Maria"), a minor who was injured on an a peace of land art while trespassing on Ms. Herrera 's property. However, the plaintiffs have failed to establish elements that are pertinent to the claim. Landowners typically owe no duty to trespassers however, the doctrine of attractive nuisance is an exception to …show more content…

See Spur Feeding Co. v. Fernandez, 472 P.2d 12 (Ariz. 1970) The plaintiffs have failed to prove Maria because of her age could not discover the condition or realize the risk involved in intermeddling with it or in coming within the area made dangerous by it. Maria Malone is an intelligent young lady who at the age of eleven works at an eighth grade level and whose parents trusted Maria 's intelligence enough to assign her go off on her own to find them a secluded spot to have their

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Corning, N.Y. (WENY) -- Arbor Housing and Development has officially made an offer to buy the former Northside Blodgett Middle School. They made a $200,000 bid for the vacant Corning middle school. The Corning-Painted Post School Board will vote Wednesday night on the offer. If approved, the public will vote on the sale in the fall. Northside Blodgett has been closed for two years

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666 Words | 3 Pages

Facts: Mrs. Moore entered into the Midwest City Target looking for a magnetic chess set and was informed that Target does not sell those. When Mrs. Moore was made aware of this information she started looking in the toy section. She picked up a telescope and the package was priced for around five or six dollars, so she purchased the telescope. Mr. Lanigan became aware of the situation and took the package from her car, led her inside, recited her rights, and accused her of switching price tags to make the item cheaper for her. One of Retail Shrinkage Control Employees also accused her of switching price tags.

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588 Words | 3 Pages

You Will Be The Judge Facts: The case involves a 12 year old child named Griffin Grimbly who told the teacher that he was beaten with a clothesline by his father Mr.Gimli. In court, the Mr.Gimli argued that he was devoted to Christian and was following the Biblical injunction on child rearing, “Spare the rod and spoil the child”, as well as arguing that s 43 of the criminal code gives parents the right to use “reasonable force” in disciplining their children. Issue: Is Mr. Grimbly is guilty of or not guilty of assault ? Held: Mr.Grimbly is guilty of assault.

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165 Words | 1 Pages

DISCUSSION I. Under the Ohio Duty of Care Owed to Trespasser Statute, even though Oleg Burov likely knew that children might trespass on his property, he will likely not be liable for a slip and fall injury Frank Gaad sustained outside a hot tub on Burov’s property. Using the doctrine of attractive nuisance the Ohio Duty of Care Owed to Trespasser Statute establishes the liability of real property owners for injuries sustained by minor trespassers. Mayle v. McDonald Steel Corp., No. 2010-T-0090, 2011 Ohio App. LEXIS 4319, at *18 (Ohio Ct. App. Oct. 7, 2011).

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556 Words | 3 Pages

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401 Words | 2 Pages

Summary In the article “Actress from law firm ad files $1 million for breach of contract lawsuit," the author, Barbara Ross, Ginger Adams Otis, explains why actress Elena Aroaz. Believed that her contract which was for her to appear in a 30 second commercial only in local areas for a period of 1 year. Aroaz filed the breach of contract lawsuit saying “After the spoof ad became a sensation — even getting a mention in the New York Times — the producer licensed it and the rights to Aroaz’s image to several other law firms around the country without her knowledge, she says in court papers.” According to this article it seems that her claim would fall into a breach of contract.

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487 Words | 2 Pages

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150 Words | 1 Pages

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63 Words | 1 Pages

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266 Words | 2 Pages

A feral child is a human that has lived without love and support from their parents, also they have lived far away from human contact since they were little. Oxana Malaya was cared by wild dogs at the age of 3 because of her parents’ negligence. Subsequently, she learned to walk on all fours, growled, bark, and sniffed at her food before she ate it. She was found 5 years later, and she could hardly speak. There are many effects of the negligence towards these children, for example Oxana, looked much older than what she really was.

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719 Words | 3 Pages

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1227 Words | 5 Pages

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1592 Words | 7 Pages

The relation between property and the actions that could have an injurious effect on those who surround us has been the object of many researchers, not only in the economic field, but in the legal one, too. It finds the main reason in the presence of multiple controversial cases that arise every day because of the relations that individuals suffer with other individuals, companies or even the government. In this particular case we have two parties composed by Eddie, who has an electrical company which discharges smoke. On the other hand it’s Lucille, owner of a laundry who apparently receives the damage, for the clothes get dirty because of the smoke of the electric company. However, as we will see later, there are problems that emanate of

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Tort law refers to the set of laws that provides remedies to individuals who have suffered harm by the unreasonable acts of another. Tort law is based on the idea that people are liable for the consequences of their actions, whether intentional or accidental, if they cause harm to another person or entity. Torts are the civil wrongs that form the basis of civil lawsuits. To explore this concept, consider the following tort law definition.

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