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Randall V. Rowe Case Brief

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Recommended: Civil rights in the usa

1) Introduction: This unit contains a chapter on civil liberties and torts as well as a chapter on employment. The civil liberties chapter includes and discusses land owners liability to entrants, nuisance, trespassing, liability of farm animals, and negligence. It discusses several factors determining the legality of what liability a landowner has with his land. Invitees, licensees, trespassers, and children are a list of several different types of people that a landowner is responsible for on his property.
2) Summery of Law on Topic: Owning a property where there is a possibility of others entering, one must practice a standard of care. This means that they must maintain the premises in a reasonably safe condition for any use consistent …show more content…

This case was entitled Randall V. Shelton. The plaintiff claimed that she was in her yard one day working when a dual wheeled pickup truck passed on the road. When passing, the pickup flung a rock out of its tire and struck the plaintiff in the leg. The defendant claimed that the plaintiff cannot prove the truck which threw the rock was indeed his, for there was no video evidence of the incident. The plaintiff proved the rock was what indeed struck her and that it was thrown in the direction of her from the road. Since there was not intent to trespass and not an extra hazardous activity, the plaintiff could not collect money for her injury. This relates to class because it discusses responsibility of personal property (the defendants pickup truck). He is responsible for making sure there are no rocks (or hazardous material) in his tires possibly acting as a threat to others. Though he is responsible for his pickup, in this case there was more to the story and he was not responsible to pay. It also relates because the plaintiff was arguing that the rock trespassed onto her yard from the highway and acted as a threat to her causing injury. She argued she was not responsible because there was negligence when the defendant flung a rock onto her property causing her broken

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