1. For months, Sammy has allowed his garbage to accumulate in his backyard, next to a school playground. Little Maria at age five, sees what to her promises to be a nice toy among the trash and runs into Sammy’s backyard during recess. As she starts to pick up the toy, she is attacked and bitten by a huge rat. Maria falls down crying. A teacher on duty runs to her aid and an ambulance is called as well as Maria’s mother. Maria is taken to a nearby hospital and has to remain there for several days to due complications from the rat bite. Rats and other rodents have a nasty bite that can lead to a serious infection which unfortunately Maria developed. Indicate the parties that Maria and her parents may sue and describe the cause of action in each.
2. Workers from a moving company are delivering furniture to an apartment. While Stella is walking by, a table crashes through a window of the apartment and lands on her foot causing her severe pain and a serious injury. Identify the lawsuit that Stella may file and name the parties that she will most likely sue and state the reasons why.
3. George overslept. He got up late, dressed quickly, skipped breakfast, threw on some clothes, and jumped into his car. He was going to be late for work, again. He knew that the brakes on his car needed to be fixed, but he had neither the time nor the money to have the work done until after payday. George was driving on Spring Street, doing 35 mph in a 35 mph zone. Suddenly a little boy dashed out from behind a parked car about 50 feet in front of him. George immediately slammed on the brakes, but was unable to stop in time. George hit and injured the little boy. The parents of the little boy sue George for the child’s injuries. Discuss the legal issues the cases raises.
4. Fogerty was staying at the Homelake Hotel and took a bath in the tub provided with his room. When he was ready to get out of the tub, he pulled on a device in the wall of the tub called a “soap & grab”, which was designed to be used for the purpose of helping people pull themselves out of the tub. Instead of performing that function, however, the “soap & grab” pulled out of the wall and hit Fogerty in the face, breaking his nose and giving him severe cuts. What are Fogerty’s legal options?