Problem
Answer as if you were explaining your answer to someone who is learning the material for the first time;
Clearly answer the questions asked;
Explain your rationale behind your answer; and
Provide example(s) that justify, or further explain, your answer to the question where applicable.
Successful answers will incorporate all components.
Jane Smith sells BMWs at her independent dealership in Denton, Texas. Generally, she sells SUVs and sedans but she has noticed a growing interest in electric and self-driving vehicles from her customers in recent years. She is contacted by Range Rover and asked if she is interested in selling their new line of self-driving, electric trucks. She indicates that she is interested and they invite her to visit their testing grounds to observe these new vehicles operate under a variety of conditions in order to help her decide if she wants to change her dealership over to selling them.
At the request of Range Rover, Jane, at her own expense, travels to Terlingua, Texas for the demonstration of these trucks, which are designed to compete against other gas-powered, off road vehicles. Jane is warned by Range Rover that the proving grounds are extremely dusty and is provided goggles by the company upon arrival. The employees told her that the goggles are for her protection and to wear them as the testing grounds are quite dusty. Range Rover is very familiar with the area as they have used the Terlingua testing grounds for decades and have several employees who live in the area that oversee the operation of the proving grounds.
Jane goes to the proving grounds and spends a few days watching vehicle demonstrations with other dealers who are considering changing over to Range Rover. Jane, and the other dealers, watch professionals operate the trucks, and then drive them on the course themselves. In the course of this visit, they are provided with goggles and chairs in designated viewing areas and are exposed to a lot of dust as a result of the vehicles.
From the beginning, the visitors were are told to wear their goggles to protect against the dust and do as instructed while at the facility, but are not otherwise provided with any explanation, other warnings or other personal protective equipment.
A few days after her trip, Jane becomes very ill with flu-like symptoms and incurs medical expenses and had to close her dealership for a month. She also was briefly hospitalized during this time and incurred significant medical bills. She was diagnosed as having a flu-like disease known as "Terlingua Fever." This is a common disease that is unique to the area and well known to all Terlingua residents. In fact, Jane heard about Terlingua Fever from the hotel clerk when she checked in on her first day but did not give it much thought.
The disease is caused by inhalation of the dust in the areas in and outside of town. Most residents and visitors contract the disease it and it usually runs its course in about a month. The disease is not otherwise contagious or deadly, but it does cause a person to suffer from fatigue and nausea. Newcomers are known to be particularly vulnerable to the disease as long-term exposure to local dust seems to build up immunity among the residents.
Jane contacts a lawyer to explore suing Range Rover for its allegedly negligent failure to warn her about the risk of contracting Terlingua Fever at the proving grounds.
Answer the following questions and remember to explain how you reached your answer:
1. What is a claim of negligence and what are the elements necessary for a plaintiff to establish a prima facie case?
2. Can an argument really be made that Range Rover is responsible (i.e. did it have a legal duty?) for warning Jane about the risk of contracting the disease?
3. Who do you think should win at trial and why? (In answering this question please discuss whether, or not, Jane can prove all of the elements of negligence under these facts and if there are any potential defenses the Range Rover might assert.)
4. What are damages and what, if any, could Jane claim in this situation?
In answering this question - if there any court opinions that impact your decision then Reference and include a discussion of them in your responses.