Question

A.) 10 Pts. Recently a group of people ages 19-20, went to the rooftop of a building under construction in the West Loop, to drink some beer, and enjoy the view. Tragically, one of the young women stepped through an opening where there had once been a skylight. She did not survive the fall. The property was surrounded by a fence, with "NO TRESPASSING" signs present. However, there was no lock on the gate. There was a temporary barricade to the entrance of the building, but it was not fully in place. Once inside the building, the stairway to the roof was open and not blocked in any way. The family of the deceased girl is suing the owners of the building, claiming Negligence. Please discuss the elements of the tort of Negligence, which the Plaintiff must prove to win the case. Do you think each of the elements is present? How would you rule if you were a Ju ror?

Answer 1

1. According to Boehm, 2003, The elements of the tort of Negligence are:

• Duty: The defendant (West Loop Construction Owners) had a duty to others including the plaintiff
• Breach: The defendant has breached his duty through omissions
• Damages: As a result of negligence, it caused injury
• Causation: There is a foreseeable consequence because of negligence

2. The elements present are

• Duty: The defendant (West Loop Construction Owners) had a duty as he had only put No trespassing signs but no lock in the gate, even there was a temporary barricade which was not fully bounded.
• Breach: The defendant has breached his duty through omissions like putting a lock, temporary barricades and stairways to the roof were open.
• Damages: As a result of negligence, it caused the death of the young women who went there to have a beer and enjoy the view from the rooftop.
• Causation: There is a foreseeable consequence because of negligence i.e. the group of young people trespassed.

3. Yes, the property owners can argue that it is an act of trespassing for which the young people who entered can be sued. The property owner should not be sued as he has already taken the measures like No trespassing board which is a signboard restricting access to outsiders. It is completely the fault of the young group who went inside.

4. If I was the Juror, I could relieve the property owners as it is an act of trespassing and it is a civil tort and a criminal offense as it is a protected private site which is under construction. It is dangerous to visit such places without the property owner's permission.