Question

Leaming Objective (7-5) What defenses are available in a negligence case? 1. The state in which Susan lives has a statute prohibiting dogs running loose. All dogs are required to be on a leash whenever they are off the owner's premises. Susan's dog, while not on a leash, visits the home of a neighbor down the street. While there, the dog carries off an expensive pair of shoes belonging to Robert. The shoes are chewed and destroyed. A neighbor informed Robert of what had happened. Robert commented that he never should have left his $300 shoes lying on the deck in the first place but that he expects to be repaid by Susan. Robert found out that the dog had carried away a number of shoes and other articles in the neighborhood, chewing them to pieces. Susan did nothing to warn anyone. Robert thinks that she should be punished for her activities, which would perhaps deter her from allowing the dog to run loose. a. On which broad classification of torts will Robert likely rely in seeking recovery against Susan for his shoes? Specifically, which doctrine might help Robert? b. Which defense to negligence is Susan likely use? Explain. c. What type of damages would Robert seek in order to punish Susan and to deter her ac- tions in regard to letting the dog run free?

Answer 1

Answer to the above question:

Ans (a):

Robert can seek recovery against Susan for his shoes under "Wrong done to person, state of property due to negligence".

The doctrine of negligence might help Robert to seek the recovery against Susan as negligence is the cornerstone of tort liability for personal injury or property damage.

And (b): Susan is likely to use doctrine to contributory negligence on the part of Robert as he should not have left his shoes lying on the deck in the first place. So, Robert's negligence is the cause-in-fact and proximate cause of the damages. Therefore, Robert would likely have avoided injuries if he was also not been negligent.

And (c): Robert would seek compensatory damages for the loss of his expensive pair of shoes.