Question

2. James Bark had a tree in his front yard that was rotten and he had been meaning to cut it down for 6 months because he believed that it might fall down and injure a passerby. But, he failed to do so. Duncy was passing by Bark's house one cloudy day and suddenly there was a severe storm and lighting struck the rotten tree knocking it down on Duncy's head. Duncy was taken to the hospital. When he discovered that Bark had failed to cut down the tree knowing that it was a potential danger, he sued Bark for compensable negligence. Will he succeed? Why or why not? a. Discuss the elements of negligence and whether they are all present. b. Assume that Duncy, knowing that there was an electrical storm, took cover under the tree. What defense (in PA), if any, would James have available?

please I want one big paragraph or two programs and please include the law which is related to the case and do some research if you need it.

Answer 1

answer-

yes, Duncy will succeed because James was negligent and he has committed the negligence tort in which he knew that the tree can cause harm to someone even though he does not want that but he failed to cut down the tree and cause of that Duncy suffered the harm.The element of negligence which can help to prove this are-

Duty -

A duty is simply a legal obligation. In order to be sued for Negligence, the Defendant must have owed a duty to the Plaintiff.James has the duty that he should cut down the tree so that other people do not get injured.

Breach:
A breach is a violation of a law or duty. The Defendant must breach his duty in order to be liable for negligence. James has breached his duty by not cutting the tree.

Cause:
The breach of duty must have caused harm to the Plaintiff.The cause of harm was because of tree fall on the head of Duncy and all this because tree was not cut.

Harm:
The Plaintiff must suffer harm in order to sue for negligence. If he suffers no harm, he cannot sue. Duncy was injured on his head and taken to hospital.

In the case, if duncy knowing that there was an electrical storm, took cover under the tree. then Defense which james can use that Duncy should not have come out of his house in the electrical storm if he knew. he must have remain at home also he should have see the condition of tree and should take shelter from somewhere.