Questions Presented: By expressly inviting Nicholas Evans into their home to be babysat, did Andrea Williams imply Nicholas was allowed to enter the room that held the dog—Andrea owned—that injured Nicholas?
Brief Answers: Probably no. Although Andrea owned the dog that bit Nicholas; Nicholas was trespassing by entering a room that he had not been expressly allowed to enter. The law does not distinguish between trespassing children and adults. Trespassers are barred from recovery in strict liability and landowner negligence suits.
Facts:
One of our new clients, Andrea Williams (landowner dog owner), asserted the following facts in an interview. Andrea Williams has been babysitting their neighbor’s 5-year-old son Nicholas Williams once
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A landowner’s duty to keep their premises safe only applies to people who are lawfully on the land or who have been invited to the property by the landowner. If the landowner had a duty to a plaintiff, their failure to live up to their duty will be determined based on a balancing of numerous factors, with special emphasis on the first two factors. First, the foreseeability of harm to the plaintiff. Second, the extent of the burden to the landowner and the consequences to the community. Third, the closeness of the connection between the land owner’s conduct and the injury to the plaintiff. Fourth, the moral blame attached to the landowner’s conduct. Fifth, the societal policy of preventing future harm. Sixth, the degree of certainty that the plaintiffs that the plaintiffs suffered injury. Seventh, the availability, cost, and prevalence of insurance for the risk at issue. The duty of a landowner is modified when the person on their land is a trespasser. Salinas v. Martin, 166 Cal. App. 4th 404 (2008.)
A landowner owes no duty to make the property safe for Trespassers. A trespasser is anyone who enters the premises of another without invitation; trespassers assume all ordinary risk resulting from their trespass, child trespassers are held to the same as adult trespassers.
On August 23, 1980 in Conroe, Texas, is 40 miles north of Houston, a 16-year-old girl, Cheryl Fergeson, disappeared while searching for a women’s restroom at Conroe High School (Gores, 1991). Cheryl was the manager of the Bellville High girls’ volleyball team visiting Conroe High School for a preseason scrimmage. Later that day while searching for the girl two janitors, Clarence Brandley who is black, and Henry Peace who is white, found the girl’s body hidden under some scenery flats in the loft above the auditorium stage. Cheryl has been raped and strangled to death. Clarence and Henry were interrogated and made to sign statements. The two janitors were then taken to the hospital and made to give sperm, blood, and hair samples from their head
There are many women who are currently in an abusive relationship, or have been in an abusive relationship. The most common reason these women do not leave their abuser is because they are scared, financial, or family reasons. Amy McGee would be alive today to tell her own story if her situation was handled differently.
It is with great pleasure that I write this letter of recommendation for Marsha Bradley, who was my colleague when I worked at State Farm Insurance Company from 1997 to 2004. Without question, Marsha is one of the most knowledgeable, professional, and passionate people that I have worked with in my 26 years of practicing law.
On October 13th I was fortunate enough to be able to interview Sandi Lopez. Lopez is from Grand Island, Nebraska and has also lived in Kansas for a few years. At first she was not quite sure on what to do with her career pathway. She wanted a job where she could be able to help others and her community. Lopez says that having many of her friends being police officers is what got her more into law enforcement. She says hanging out around her friends telling her stories about being officers made her really want to be a part of the law enforcement department. However, she says it was a very hard decision to make knowing the fact that she would have to work long hours and being with her family was very important to her. In the end, she decided
Ashley Davis is a 14 year-old, brown-skinned, African-American, masculine presenting female. Ashley’s mother reports that patient is defiant, especially toward her and other authority figures. Mother reports that Ashley’s behavior disrupts the family, her ability to achieve in school and has landed her in legal trouble. Mother reports that the Ashley began to exhibit sexually promiscuous behavior starting as early as 9 years old. Her reason for referral and placement on the unit was due to Ashley’s mother, finding her and her twin brother naked together in a sexualized position, all while trying to record this interaction. When the mother questioned both Ashley and her brother, it seemed as though the Ashley was the aggressor.
The appellant, Jesse Mamo, was a passenger in a vehicle driven by the respondent, Steven Surace. Whilst the respondent looked down to adjust the radio, a cow wandered on to the road, colliding with the vehicle . The appellant alleged that the respondent failed to use high beam or maintain a proper lookout. The respondent denied liability and pleaded contributory negligence. At trial, the Judge held that breach of duty of care had not transpired, as it was an unforeseeable risk causing an unavoidable accident, as the cow appeared too close to react. The Judge argued that the respondent acted appropriately toward ‘foreseeable risks”, which the cow was not part of.
Andrea Yates long history of mental illness did impact what she did to her children as well as an outside influence of Michael and Rachel Woroniecki. In 1993 Rusty and Andrea married and a year later they had their first child a son named Noah. They planned on having many children whatever God intended for them. Their five children were all named after figures from the Bible. After Andrea’s first child Noah was born she began to have violent visions and felt that Satan was speaking to her. Andrea kept all her feelings to herself not realizing how much mental illness was in her family because she and Rusty had Bible inspired notions about family and motherhood. Andrea tried to have a fourth child, but suffered a miscarriage. Not long after that she got pregnant and had her fourth child. Andrea began to suffer from serious depression after the birth of their fourth child. America has a hard time on understanding how hormonal shifts can cause violent hallucinations and thoughts. Such women are at risk of committing suicide or harming their children thinking that it is for the child’s own good.
Breed Specific Legislation and Dangerous Dog laws are two ways states and counties deal with dog-bite related attacks. Dangerous Dog Laws regulate or prohibit ownership of a dog that has already shown signs of aggression or violence. According Hussain (2006) “dangerous-dog laws tend to be more effective, efficient, and addresses the problem of the ‘dog-bite epidemic’ by objectively examining a dog’s prior conduct rather than making subjective evaluations of viciousness based solely on breed” (pg.2). Breed-Specific Laws severely regulate or prohibit ownership of a d...
...sible land from a public place, and other places or items in plain or open view. The trial case of Minnesota v. Carter, 525 U.S. 83, 119 S. Ct. 469, 142 L. Ed. 2d 373 (1998) determined that houseguests “typically do not possess a reasonable expectation of privacy in the homes they are visiting. (Greenhalgh)”
Rosa Lee Cunningham is a 52-year old African American female. She is 5-foot-1-inch, 145 pounds. Rosa Lee is married however, is living separately from her husband. She has eight adult children, Bobby, Richard, Ronnie, Donna (Patty), Alvin, Eric, Donald (Ducky) and one child who name she did not disclose. She bore her eldest child at age fourteen and six different men fathered her children. At Rosa Lee’s recent hospital admission to Howard University Hospital emergency room blood test revealed she is still using heroin. Though Rosa Lee recently enrolled in a drug-treatment program it does not appear that she has any intention on ending her drug usage. When asked why she no longer uses heroin she stated she doesn’t always have the resources to support her addiction. Rosa Lee is unemployed and receiving very little in government assistance. She appears to
What is your immediate reaction to Beth Thomas' experience/behaviors at the beginning of the video?
The first point to note when analysing occupiers’ liability is that originally it was separate to the general principles of negligence which were outlined in Donoghue v Stevenson .The reason for this “pigeon hole approach” was that the key decision of occupiers’ liability, Indermaur v Dames was decided sixty six years prior to the landmark decision of Donoghue v Stevenson . McMahon and Binchy state the reason why it was not engulfed into general negligence, was because it “… had become too firmly entrenched by 1932 … to be swamped by another judicial cross-current” Following on from Indermaur v Dames the courts developed four distinct categories of entrant which I will now examine in turn.
CASE FACTS: Pingaro, gas meter reader (plaintiff) warned of dangerous dog’s presence, with caution proceeded to backyard, two dogs severely attack her. She sustained bites that needed stitches, ...
There is a general sense in the doctrine of necessity that one has the qualified privilege to intentionally trespass onto the land of another in order to prevent serious harm to oneself, to one’s own land, to one’s chattels, or to the person, land, or chattels of another. However, compensation must ordinarily be paid for any harm done in the process.
To begin with, Greg Mahle has been protecting dogs near death for nine years. He transports them from the Deep South, to the Northeast. The president of the Humane Society of Central Louisiana, Keri Toth says, “Southern shelters are overwhelmed by strays because spaying and neutering are not common practice.” In the end, Greg is saving hundreds and thousands of lives ...