Skits Assignment I. Banana peel a. Facts: anywhere public, ld banana peel n the grund b. Anju v. Bstn Elevated Railway C.: black and nasty banana peel left n the grund and and smene slipped and fell n it. This was back in 18 smething. Trt suits are nthing new. II. III. IV. Inherently dangerus bject: chainsaw/buzzsaw/etc a. Facts: in the family back yard, tns f peple and kids, bject lying arund b. Lubitz v. Wells: in this case, it was a glf club, which was nt an inherently dangerus bject; here the saw is clearly dangerus, and leaving it ut wuld be negligent. Scissrs/Twel/Smething left in bdy after surgery (Medical Malpractice): a. Facts: in a hspital, discvered after surgery b. This has happened multiple times, ne case is Byce v. Brwn, where a screw was left in a patient s ankle. i. Additinal example: cases f peple have wrng leg amputated. Pisn/Unlabeled medicine: a. Facts: pharmacy, selling ptentially lethal drug w/ instructins n hw t take it. Law in this skit is that a pharmacist has t instruct smene hw t take the medicine. b. Osbrne v. McMasters: Pisn case It is negligence per se t have a duty t fllw a law and nt fllw it thus causing smene injury r death. V. Milk (r sme type f ld fd) (Reasnable Persn standard): a. Facts: wrkers at the restaurant knw the milk/fd is bad and serve bad/ld fd b. Gulf Refining C v. Williams: An actin fr negligence exists when the defendant incurs a risk that makes pssibility f harm real enugh that the rdinary prudent persn wuld take actin. VI. Lck (int a swimming pl, r smewhere fun) that is unlcked, (Attractive Nuisance) a. Facts: lck ges t a bunch f 8-year-ld kids; it is fr swimming pl that is never lcked when n lifeguard there and clsed b. Chicag B & O Railrad C. v. Krayenbuhl: Attractive nuisance when wner f dangerus premises has reasn t believe that children trespassers will want t g nt the dangerus premises, the wner has a duty f care t prevent the kids frm the risk. Have grups get tgether and study facts t create a skit illustrating negligence invlving the assigned prp and fact pattern. Walk arund and help grups create their skits and identifying the elements. Each grup will als write up a summary/explanatin f skit that identifies the 4 elements - this will be turned in, and s shuld be clear and legible. Have each grup present skit then ask their classmates t identify the fur elements the grup will then explain their skit. Summary (t be turned in) f skit and claim: duty, breach, cause, harm
Banana Peel Banana peel is n the grund n private prperty that is a public place (like a mall, bus statin r grcery stre). The peel is ld and mashed up, and has clearly been n the grund fr a while.
Dangerus bject, like a chainsaw, buzz saw, sht gun, etc. The bject is lying in the backyard with a lt f neighbrhd kids running arund.
Scissrs/twel/screw The bject has been left in the bdy f the patient after surgery. Patient has cnstant stmach pain.
Unlabeled Bttle Pharmacist sells unlabeled bttle t custmer. There is a law in this State that requires all medicines t be labeled and fr the pharmacist t prvide instructins n prper use.
Old empty milk jug r sme ther ld fd cntainer (past the sell by date). Owners f their wn restaurant have ld fd (that is way past the sell-by date) and decide t serve it t custmers withut telling them.
Unlcked lck t smething fun The unlcked lck is fr a swimming pl that is always unlcked, even when the pl is clsed and n lifeguard in n duty.