SCENARIO 1:
David, a semi-retired teacher with significant health problems, was driving 30 km/hr in a school zone. That morning, David's nurse gave him the wrong pills and he was feeling drowsy because of the mix-up with his medication.The nurse knew that David needed to drive to a doctor's appointment later but she was in a rush as she had other patients to visit that day. As David passed a local elementary school on the way to his appointment, a 9-year-old boynamed Jordan ran into the street to chase a hockey ball that bounced out of the school parking lot while he and his friends were playing ball hockey after school. David slammed on his brakes to avoid hitting Jordan and the car came to a full stop. Unfortunately, he was too late and Jordan was knocked to the ground.Fortunately, Jordan saw the car coming and braced himself for the impact. Jordan sustained a dislocated shoulder and a sprained knee after being hit by David's car. Because of having to stop his car suddenly, David hit his head on the steering wheel and suffered a concussion. He now has persistent head aches and is unable to keep his part-time job at the supermarket where he was working as a stock person.
Immediately after Davidstopped his car on the road, Danielle, whowas driving closely behind David, swerved to miss his car. Danielle was clocked at 70 km/hr by the crossing guard who set up a speed camera in front of the school as part of the school's road safety program. AsDanielle swerved, she lost control of her car, hit the speed camera and was seriously injured when her car crashed into a tree. Danielle's injuries included a broken ankle, broken ribs and significant head trauma. The camera, manufactured by a company called "Photo-Op", blew up like a bomb owing to a faulty lithium ion battery that was subject to a recall order. It turns out that the camera blew up due to an over-heated battery and not because of the impact from being hit by Danielle's car.
Patricia, who was picking up her child from the school, was standing near the accident scene, next to the speed camera. Patricia suffered from 2nd-degree burns and was temporarily blinded by the explosion.Patricia has a heart condition and the shock from the explosion caused her to have a stroke.The crossing guard, Sally, is an ex-cop and she witnessed everything that happened.
Explain the elements of each potential case (using the ABCDs of Negligence) while also discussing possible outcomes and defences.