Dan, Joey and Mike are teenagers out for a walk on Longmeadow Lane when they spot a bright and inviting Halloween display on the Jones’ 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 jack-o-lanterns. Mr. Jones 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. Jones 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, Joey steps right into a groundhog hole, twists his ankle and falls with a howl right into the jack-o-lantern with the shorted wire, causing him to get a shock on his arm and shorting out all the decorations on that circuit.
Joey sues Mr. Jones 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 is Joey considered part of? What are the rights of this class of entrants?
2) What special rule or doctrine could potentially lead to Mr. Jones’ liability to Joey?
3) All things considered, do you think Mr. Jones will be liable? Why or why not?
4) Mr. Jones wants to sue Joey for shorting out all the decorations and ruining the circuit. For what tort would he do so? Will Joey be held liable? Explain.
I will attach courseware after bid