What injured party category does Tom fall into under the definitions you provided from your state? Assess the specific reason why Tom’s activities cause him to fall into that category. Explain..
State statutes require that owners of real property have a “duty of care” in regards to anyone who might be negligently injured on that property. The specific duty varies according to a system which classifies the injured party into one of several categories. The categories are trespasser, invitee, and licensee. Each of these categories was discussed in the lesson. Your paper should begin with the statutory definition of each of these categories specific to your state. Next, describe the “duty of care” required by property owners in your state for each of the three categories. Now, consider the following question:
Tom the banker stops by Old Man McDonald’s farm, as he does a couple times a year, to touch base regarding the old man’s credit needs and take a look at the progress of the corn crop. The old man had borrowed money from Tom’s bank to plant the crop and Tom wanted to see how the crop looked. As Tom drives in the farm, the old man comes running up to the car and tells the banker to stay in the car because one of his bulls is loose and has been known to charge people. After the old man heads back out to find the Bull, Tom decides to get out and look around himself. As he gets out of his car Tom falls into a newly poured cement pit and is covered by cement. His body is not discovered until the next day.
Respond to the following questions:
- What injured party category does Tom fall into under the definitions you provided from your state? Assess the specific reason why Tom’s activities cause him to fall into that category. Explain.
- Given the category that you believe Tom falls into, what is the duty of care that the old man owed to Tom specifically because of Tom’s injured party category? Explain.
- Did the old man legally satisfy his duty of care owed to Tom? Why or why not?
Minimum 2 pages
Minimum 2 scholarly sources