Part 1: Negligence
Kyle is trying to catch a plane at Denver International Airport. He knows that he is late for his plane; therefore, he is running through the airport as fast as possible. Unfortunately, Kyle does not see the banana peel that is lying on the floor in the middle of the concourse. He slips on the banana peel and goes sliding across the floor until he bangs her head on a metal counter and suffers a severe head injury.
Kyle files a negligence lawsuit against the Airport, which, we will assume, is in charge of maintaining the concourse. A subsequent investigation reveals that the banana peel was brownish when Kyle slipped on it. Kyle, of course, has no idea where the peel came from and why it ended up where it did.
Find one Colorodo case and cite it to provide the required elements of negligence.
Please answer the following questions in one to two paragraphs each. For this part you do not need to use case law. You merely need to use the Courseware and your knowledge of negligence law.
1) What are the elements of negligence and how to they apply to Kyle's lawsuit against the airport. In other words, what would Kyle be expected to show to be able to win the case?
2) Of what legal significance is it that the banana peel is brown? How does that change the determination of whether the elements of negligence are met?
3) All things considered, do you think Kyle will win the case? Explain why or why not.
Part 2: Trespass
Dewey, Heuy and Louis are teenagers out for a walk on Central Avenue when they spot a bright and inviting Christmas display on the Morton's property. Without meaning to damage anything, they decide to walk across the lawn to get a closer look.
Unknown to them, there is a faulty electrical connection on one of the mini twinkle lights. Mr. Morton had intended to repair the wiring but he didn’t get around to it before installing the display. In addition, there are a few groundhog holes on the front lawn that Mr. Morton knows about but never worried about because he knows where each one is.
As the three teens stealthily creep across the yard toward the lit up decorations, Dewey steps right into a groundhog hole, twists his ankle and falls with a howl right into the tree with the shorted wire, causing him to get a shock on his arm and shorting out all the decorations on that circuit.
Dewey sues Mr. Morton for negligence.
Please answer the following questions in approximately one paragraph each based on the courseware and what you learned in class. There is no need to research or use case law to answer these questions.
1) For purposes of liability of land occupiers, what class of entrants could Dewey be considered part of? What are the rights of this class of entrants? Be sure to include all possible options.
2) What special rule or doctrine could potentially lead to Mr. Morton's liability to Dewey?
3) All things considered, do you think Mr. Morton will be liable? Why or why not?
4) If Mr. Morton sues Dewey for trespass to chattel, would Dewey be held liable? Explain.