mths wrote:kcg171 wrote:grrrstick wrote:Torts question --
P was driving down the road but discovered it blocked by a fallen tree. She pulled into D's driveway to turn around. At precisely this time, D was backing out of her driveway in her Hummer, without looking in her mirrors and at a relatively high speed for driving backwards. Upon puling into the driveway P saw this and sought to reverse but could not do so in time. D crashed into the front of P's car, causing herself no damage, but P suffered material property damage and personal injury. P sues D for negligence. What is the key dispositive issue and how would you resolve it?
Thanks in advance.
In addition to what other posters have said, D might have had reason to know that people avoiding the tree would end up in her driveway, leading to a duty of reasonable care to trespassers.
only duty to trespassers is to not be wilful or wanton - could make the argument that it would be wilful and wanton infliction of harm if you knew about the tree but that's a stretch. I think a lot of it has to do with the cost/benefit of checking your mirrors when you're backing up, so even though you don't owe a duty to trespassers, you're still the least cost avoider.
Some jurisdictions say that if a trespasser is discovered or anticipated, the landowner owes a duty of reasonable care. This is from known dangers on property, so I'm not sure if it would be applicable in this case.