More Tort Cases
You've practiced with simpler tort cases… now time to make it more difficult. Read through the each scenario and answer
the questions. When deciding between "types of torts," your options are: intentional wrong, negligence, and strict liability.
1. The Garcia family built a large swimming pool in their backyard. The pool was two feet deep in the shallow end
and nine feet deep near the diving board. They placed lights around the pool that turned on automatically at dusk.
They also placed four large “Danger – Deep Water” signs around all sides of the pool. One day, a four year old
who lived a block away wandered onto their property, entered the pool, and drowned. The child’s parents sued
the Garcia family for not fencing in the pool.
 What type(s) of tort are the Garcias accused of committing? How do you know?
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How would you rule in this case? Why?
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Suppose the Garcias had fenced in the pool and the child had climbed the fence and drowned. Should the
child’s parents be able to recover damages in that situation?
2. The Kings own a small store in a crime-ridden section of town. They have been the victims of break-ins in the
past. To protect their family and store, they purchase a guard dog. The dog is trained to attack on command. The
dog also stays in the store from 11 pm to 7 am while the store is closed. One night, a person breaks into the store
and is attacked by the dog. The police catch the person, and he is convicted of burglary. After the judge gives
him a suspended sentence, the burglar sues the Kings for the injuries caused by the guard dog.
 What type(s) of tort are the Kings being accused of committing? How do you know?
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What other factors about this situation would you want to know before making a judgment?
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How would you rule in this case? Why?
3. Joseph is infected with HIV, the virus that causes AIDS. He moves to North Carolina and wants to meet people
and make friends. He also does not want anyone to know about his HIV status. He meets and becomes
romantically involved with Victoria. He has unprotected sex with her, yet he does not disclose his HIV status to
her. Victoria contracts the virus as a result of her relationship with Joseph.
 What type(s) of tort is Joseph being accused of committing? How do you know?
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Did Joseph have a duty to tell Victoria about his condition? Explain.
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What types of damages, if any, should Victoria get from Joseph?
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Could Victoria sue Joseph if she did not contract the virus but was very upset when she learned that he
had not told her about it?
4. Suzy is at Bri's house, playing with minimal parental supervision. The 7 year old girls are looking in the mother's
closet for dress-up clothes and stumble upon an unlocked safe containing a gun. Upon playing with the gun, it
accidentally fires while Bri is holding it. The bullet hits Suzy in the chest, causing Suzy's subsequent death. Suzy's
parents sue Bri's parents for the wrongful death of their daughter.
 What type of tort(s) will Bri's parents be accused of committing? How do you know?
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What factors about this situation would you want to know before making a judgment?
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What types of damages, if any, would be awarded to Bri's parents?
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How would you rule in this case? Why?
TORTS - ANSWERS
Answer 1 – The child's parents would sue the Garcia for negligence. When a trespasser is a child, the property owner is
often liable for injuries sustained even if the owner takes all reasonable steps to protect and warn. Because of the child’s
immaturity and lack of judgment, he or she may be incapable of perceiving risks that accompany trespassing. The
landowner is in a better position to protect a straying child. Teenagers, however, should be aware of the dangers
associated with trespassing and swimming and, therefore, the landowner would not be held liable. The landowner may
want to consider posting a “No Trespassing” sign and erecting a fence around the pool.
Answer 2 – The Kings could be charged with either intentional wrong or strict liability. The issue in this case is whether
having the dog is considered as using deadly force and therefore is excessive and unreasonable. A common defense for
intentional torts is that the use of force (ex: dogs) was reasonable. For strict liability, size and breed of the dog matters.
-Are their additional factors that would make this a deadly situation? (like 25 Rottweilers? A dog with a violent history?
A dog trained to kill vs subdue?)
-Would it be different if the Kings were present at the store during the break in? Is there/should there be a difference in
protecting one’s family and protecting one’s property?
-Katko v Briney Some young men broke into an uninhabited farmhouse to steal antiques. Because of earlier burglaries,
the owners of the farmhouse set up a 20 gauge spring gun I the bedroom of the house and rigged I to the doorknob so that
when the door was opened the gun would fire at an intruder’s legs. The gun was not visible from outside the room. The
plaintiff was hit as he entered the room and much of his leg was blown off. The plaintiff sued the owners of the
farmhouse for excessive use of force and won. Methods like this that can cause death or serious injury have been ruled
illegal.
Answer 3 – Joseph will probably be accused of committing negligence, in that he was careless about sharing information.
Most states have laws requiring people to inform sexual partners of STDs. North Carolina does have laws regarding
STDs and HIV. Punishment (both criminal and civil) vary greatly by state. Maryland – Misdemeanor charge. Lousisiana
– Felony charge with a fine of $5,000 and 10 years in prison.
- He did have a duty and it was to tell her. He has the duty of care to inform his partner of his disease. “Negligent failure
to warn” has been successfully argued in court by plaintiffs seeking damages.
- Damages awarded to Victoria would depend on the extent of harm to her. She could recover lost wages, medical
expenses, pain and suffering, and possibly money for emotional distress.
- Infliction of emotional distress is a viable tort in cases where the unknowing sexual partner does not contract the disease,
but suffers severe emotional distress at learning that she or he is at risk for the disease because of the sexual contact.
Answer 4 - Suzy's parents would charge Bri's parents with wrongful death, a type of negligent tort. Bri's parents would
probably sue for any medical bills accrued while Suzy was in the hospital (if Suzy did not die immediately), Suzy's
funeral expenses, and pain and suffering.
COMIC STRIP ASSIGNMENT
You will be assigned one of the 3 types of torts.
Create a comic strip that details an example of your assigned tort.
 The tort that is being committed must be clear and understandable by the comic
 The reason the defendant is liable in this comic must be clear and understandable
 On the back, write the type of tort committed by the defendant in the comic.
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Must be at least four pictures/squares
Captions are optional (but if your drawing cannot communicate the situation alone, use captions or
dialogue bubbles)
It is OK that you are not an artist. Stick figures are perfectly acceptable. However, put forth effort and
come up with a good example of your assigned tort. DON'T BE LAZY!