Quiz 7: Negligence and Strict Liability
Yes, they should. For instance, take the sport of tennis for instance. Players can expect that within the realm of the game, they may be injured while playing. They may trip on the court while running, get hit by a ball, etc. Same thing goes for ballboys, who may run across the court while the game is in play to retrieve a ball. In addition, judges in the chair may also be exposed to a stray ball. However, sports viewers in the stands do not expect to be exposed to the same sort of risk. In addition, there may also be a difference when a timeout is called. For instance, if an opposing player suddenly goes "rogue" during the game and hits the other player with their racket, that is not within the normal expectations of the game.
The court would apply the standard of negligence to determine if S is liable or not. 1) Duty: Does S owe a duty to the passenger of the other car Yes. When operating her vehicle, S has a duty to operate her car in a way as to not injure other people on the road. That includes not taking medication that could cause her to be drowsy and then driving her vehicle. 2) Breach: Did S breach that duty Yes. She ran into another car and injured the passenger. 3) Causation: Did S's consumption of the medication lead to the accident and injury By taking the medication and knowing that it would make her drowsy and unable to drive, S caused the accident that injured the other passenger. There is clear causation. 4) Damages: Was the passenger injured in a tangible way Yes. Thus, S would be found liable under the tort of negligence.
Because her grandfather was not present at the time of the injury and P had been riding around for a substantial amount of time without her grandfather, it can be assumed that she had gleaned some knowledge of the risks of the game. If her grandfather had been present, one can assume that she relied on him to operate the golf cart and navigate the course, in which case, she may have lacked more awareness of the game and of course, was in the custody of her grandfather. But in this case, her first-hand experience without grandfather made her more aware of the possible risks.