Will Joe Exotic be liable to Matt, for the injury he suffered on Joe Exotic’s land under the theory of negligence?
In order to prove negligence, there are five elements that must be met. These elements include: Duty, Breach, Cause in Fact, Proximate Clause, and damages. The rule of Duty means everyone has a duty to behave as a reasonably prudent person would behave under these circumstances. The Breach element question is “ did the defendant fulfil their duty? The Cause in Fact element asks “ would the injured party have suffered any injuries? The Proximate Cause element was there a legally recognized and a close in proximity between the breach of duty and the damages suffered by the party? For actual damages element did the injured party suffer some physical harm that resulted in identifiable losses?
Under the element of duty Joe would be responsible for the injuries Matt had suffered since he would be a landowner and it’s his business. Since Matt was a trespasser who did not have permission to be on Joe’s property, Joe is not responsible under the element of duty. Under breach of duty. Joe could have prevented it from happening by covering up the hole since people don’t go in that area. This would make Joe Exotic not responsible under the element of breach of duty. Under the element of cause in fact, if Joe would have put something stronger over the hole then Matt wouldn’t have got injured which would make him responsible under cause in fact element. Under the element of proximate cause, Joe would be responsible because his activity caused Matt’s injuries. In this case Joe Exotic would not be responsible for. Under the element of actual damages, Joe could be responsible because Matt damages were physical so he would have to pay for his bills. Also he would be responsible for Matt missing the tennis season due to injuries.
Joe Exotic will not be responsible for Matt’s injuries because Matt and his fraternity brothers were trespassing Joe Exotic’s property. If Matt and his Fraternity brothers have been at Joe’s zoo during normal business hours then Joe would be responsible for the injuries.
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