Memorandum
TO: Robert T.Moore, Esq.
FROM: Alqarni Abdulmajeed
DATE: October 25,2014
RE: Texas Dog Bite law
I. Issue:
1. IS Ms. Margaret Russell liable about the injuries caused by her dog, Scooter?
2. Are the owners of the apartment complex or the management of the apartment complex liable about the injuries caused by Scooter?
3. Is Nadia may recover damages for mental anguish because of the attack on her daughter?
II. Answer:
_ No, Ms. Margaret Russell does not responsible by principles of strict liability and she does not condemned because what happened was without her knowledge, but she maybe is responsible by the negligence.
_ Yes, the owners of the apartment complex or the management of the apartment complex are liable about the
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Margaret Russell is the owner of the dog (Scooter). After the first attacking from on Miss June, Miss June went to the complex management and told them about what happened with scooter and about his behavior and who is the owner. On other hand Miss June with some neighbors placed a notice about scooter and his dangerous behavior around the complex but they did not tell Ms. Margaret Russell directly. Ms. Margaret Russell was not know about her dog’s behavior because they did not tell her about it and she maybe is old women, so she could not go to the mail box or maybe someone brought the mail to her. As a result Ms. Margaret Russell does not responsible by principles of strict liability and she does not condemned because what happened was without her knowledge. Otherwise there are some facts that said, “Ms. Margaret Russell knew scooter could jump over the metal railing and go out the apartment” that means she is maybe responsible by the negligence. Under the rule that common in In Paul MARSHALL, Petitioner v. John C. RANNE, Respondent case that said, “All animals are not vicious and a possessor of a non-vicious animal may be subject to liability for his negligent handling of such an animal” Marshall v. Ranne, 511 S.W.2d 255,259 (Tex.1974). In fact Ms. Margaret Russell believed that “..Dog will be dogs” which means she know the dog even if he was not vicious he is still has the hostile behavior that every dog has it normally when he sees some strange people. Moreover she …show more content…
Liability of either for mental anguish of bystander:
In our case Blanca’s mother had so taken with grief by the incident that she is unable to sleep for days afterward and has withdrawn into herself. Under the rule that common in BOYLES v. KERR case that said “Texas has adopted the bystander rules originally promulgated by the California Supreme Court in Dillon v. Legg, 68 Cal.2d 728, 69 Cal.Rptr. 72, 80, 441 P.2d 912, 920 (1968):
(1) Whether plaintiff was located near the scene of the accident as contrasted with one who was a distance away from it;
(2) Whether the shock resulted from a direct emotional impact upon plaintiff from the sensory and contemporaneous observance of the accident, as contrasted with learning of the accident from others after its occurrence;
“In tort law, the doctrine which holds a defendant guilty of negligence without an actual showing that he or she was negligent. Its use is limited in theory to cases in which the cause of the plaintiff's injury was entirely under the control of the defendant, and the injury presumably could have been caused only by negligence”(Burt, M.A., & Skarin, G.D. (2011). In consideration of this, the defendant argues that the second foundation of this principle should be solely based on common knowledge of the situation. Although, there is a experts testimony tartar is no basis in this case , in the experts testimony or anything else, for indicating that the plaintiffs injury resulted from the negligence of the defendant. The court correctly found the defendant not liable under the Res ipsa
The appeal was heard in The NSW Supreme Court, Court of Appeal. The appellant appealed the issue of “blameless accidents” therefore providing new evidence, with the view that the preceding judge made an error recognising the content and scope of duty of care. He also noted the breach of duty of care and causation .
Statement of Assignment: You have asked me to prepare a legal memorandum on the question of whether our client can gain relief from intentional infliction of emotional distress occurring from witnessing a friend¡¦s child being injured by a vehicle that is out of control due to being driven at a high rate of speed through a school zone. Pursuant to your request, this memo includes an analysis of the relevant state and federal law.
According to the defendant he was aware that the youths did not possess any firearms or guns but was afraid based on his experience of being “maimed”. The conductor of the train , after hearing shots fired , instructed the motorman to call for emergency assistance. When the conductor went into the seventh car of the train, where the shooting took place, he saw the Goetz sitting on one of the benches while the four youths were injured lying on the floor or slumped against a seat. The defendant claimed to the conductor that the four youths were try...
The Dangerous Dogs Act 1991 was put in place to make the public feel protected from dangerous dogs. The act was put in place due to the figures of dog attacks been on the rise. The act came into force on the twelfth of August 1991 and relates to dogs that are bred for fighting.
The victim fell from her bathroom window, in which she and the defendant resided. Prior to the fall, the victim was in an argument with the defendant leading to him forcibly entering their bathroom. Although the series of events leading up to the victim’s fall are unclear, it has been suggested in the prosecution case that the victim was either pushed out of the window by the defendant or voluntarily jumped out.
There are breeds that can be classified as outlaws. How can that be? It is like judging a book by its cover, and is not that frowned upon? Society has gone so far with this that there are even laws banning pit bulls in certain counties. Fines have been put in place and outrageous insurance policies must be purchased simply to own a dog. A dog is just that, a dog, until someone comes along and makes it into a monster. A dog may be bred to do something and can be trained to do an entirely different thing. For example, pit bulls have been bred to be nanny dogs. They are supposed to protect babies and ultimately care for them like they would their own pups. Some people have taken this instinct and turned it into something horrid. They have twisted the dogs mind into thinking that it has to fight to protect something all the time. Pit bulls have been classified as vicious and harmful animals. This is discrimination and is because of media skewing stories, ignorant people that refuse to listen to hard facts, and public attitudes and opinions. These laws against breeds are unconstitutional; there is no legislative basis for these laws.
On the 1st of October in the year 2017, the defendant, in this case, the supermarket was found liable for the case Susan injury in the supermarket's premises. The hip injury on Susan’s hip which was a result of the slipping over a squashed banana. The presence of the squashed banana in the premises was an outright sign of negligence and recklessness by the supermarket's staff. (Damage law)
Nationwide, approximately 50 percent of all children will be bitten by a dog before they reach the age of twelve (DeIorio, “Have a Dog-Bite-Free Summer”). In Marion County, Florida, aggressive and dangerous breads of dogs are a “serious issue” for the community according to Marion County Commissioner Jim Payton (Thompson, “County drops '1 free kill'”). Responsible dog owners seem to be unaware of the problem but area residents who have been victims of these attacks have turned to the Marion County Board of Commissioners for help. The local County Commissioners have been wrestling with this issue since October of 2009 when a widow from Ocklawaha, Patricia McBee, had three of her dogs euthanized after they allegedly killed her neighbor’s cat (Thompson, “County drops ‘1 free kill’”). The need for change moved even faster after a 3-year-old little girl was attacked and killed by a dog that was chained to a tree outside her house in Citra (Lee, “Girl, 3, mauled”).
On 04/14/18, at approximately 1:30pm, I Deputy Warden N. Christian with Franklin County Animal Care and Control (FCACC) was dispatched to 235 N. 18th St on a nuisance dog investigation (dog owner's address). I arrived on scene at approximately 1:56pm. I met with victim Robert White. Mr. White stated he was walking in the alley behind 200 Block of Monroe Ave. A white male had a black dog approximately 6 feet away from him. As he continue to walked through the alley, the dog tried to attack him. Mr. White stated the dog was on a "retractable leash" but Mr. White noticed that the dog owner had extended the leash to the point that the dog was close enought to Mr. White. Mr. White stated he move to the opposite side of dog owner, and words
In the case of Kolchek suing to recover for Litisha’s injuries, she can sure under the negligence liability. Every product should be fully tested in every way possible to see if the product functions correctly and will it injure individuals. There should not have been a whole that is not covered. Like stated in our book The Legal Environment of Business, “if a manufacture fails to exercise “due care” to make a product safe, a person who is injured by the product may sue the manufacture for negligence”. Kolchek could sue the manufacture. In this case which is Great Lakes spa. Porter was just a company that was selling the product. Great Lakes spa should have taken the initiative to examine their products throughly before putting it out on the make for individuals to buy. Like in our book The Legal Environment of Business stated, “A manufacture, seller, or lesser is liable for failure to exercise due care to any person who sustains an injury proximately caused by a negligently made (defective) product.”
“Stop!” Yelled the co-passenger, as the big bus hurtled into a truck illegally crossing into the intersection. Crashing, and the sounds of metal flying through the air become a deafening cacophony of noise. I wake, or something akin to waking as I had been with a EMT for a small time already. As I looked around I noticed not a single person had stopped or even tried to help, though not said at the time I came to know that such inaction is referred to as The Bystander Effect. The EMT asked, “Are you alright? Does anything hurt?”, only the burns on my side hurt; I did not know it then but I had been flung from the vehicle and gotten a severe road rash which would plague me for some time after. The EMTs sent me on my way back to the driver, and
On March 13, 1964 a woman by the name of Catherine “Kitty” Genovese was coming back to her apartment in Queens, New York at 3:00 a.m. when she was impaled to death by a serial killer. According to the news, the said attack was about 30 minutes long. During the attack, Kitty Genovese screamed for help numerous times. The killer left the scene when the attention of a neighbor was attracted. Ten minutes later, the killer returned to the scene and murdered Genovese. It came to attention that 38 people witnessed the attack and murder, but all thirty-eight failed to report it until after the murder. This ordeal got the attention of many people including scientists and psychologists who wanted to figure out why this occurred. Later, the events that were published by the news were found to be false. It seemed as if the news was experiencing the bystander effect as well, because their information did not contribute to the actual facts. There were not 38 witnesses to the crime, but several had heard the screams and a few calls were made to the police during the attack. But there was still talk about something that affected the minds of people during emergency situations. This phenomenon has become known as the Bystander Effect. There were several cases that are fairly similar to the Genovese one. As well as the Genovese case, these occurrences attracted the attention of many scientists and even the news had something to say about “apathy.” Is the bystander effect real? My hypothesis is that the bystander effect is in fact, a real everyday occurrence that limits the help offered by people. This is due to the number of bystander present during a given situation. The Bystander Effect is the social psychological idea that refers to cases in whi...
As a property-owner, you have certain responsibilities, which are derived from property rental laws as well as from any arrangement whether it was written or verbal amongst the two parties. As with any type of business, there are going to be disputes of some kind. It will mainly be on the tenant’s behalf, they are not happy with something in the property. In turn they get upset with the landlord and says it is their fault. Typically these disputes can be handled amongst the two parties. Every now and again you will come across some that were just not able to dissolve the situation so they had to take it to court. They followed the legal proceedings which they are entitled to.
The intruder is harmoniously liable in tort since he has trespassed and also he is responsible for battery. The intruder has committed several crimes; this includes attacking Sharon and Daryl and leaving them badly injured. Also breaking into the apartment is another crime he has committed since its illegal and against the law.