Question

Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.

Legal Principles:

1. Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do or doing something which a prudent or reasonable man would not do

2. Defendant’s duty of care depends of the reasonable foreseeability of injury which may be caused to the plaintiff on breach of duty.

Factual situation: The defendants employees of the Municipal Corporation opened a manhole in the street and in the evening left the manhole open an covered it by a canvass shelter, unattended and surrounded by warning lamps. The plaintiff, an eight years old boy, took one of the lamps into the shelter and was playing with it there when he stumbled over it and fell into the manhole. A violent explosion followed and the plaintiff suffered burn injuries. The defendants are DECISION:

Options

• Not liable because the injury to plaintiff is not foreseeable

• Liable because they should have completed the work before they left

• Not liable because they acted reasonably

• Liable because they acted unreasonably

Answer 1

Liable because they acted unreasonably

Explanation:

From the factual position, it is clear that the defendants shall be held liable as a prudent student man will know that it is risky to cover to manhole with a canvas sheet.  Here "Liable because they acted unreasonably" is the correct answer.