Megan leaves her car's motor running in neutral and carelessly forgets to set the parking brake when she gets out of her car to buy a pack of gum at a gas station. The car rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall at the site collapses onto a crane, which falls on Harry Potter (pre-Hogwarts), a bystander, and injures him. Harry sues Megan. What claim can Harry bring and what must he prove under that claim to recover damages from Megan? What is the element in Harry’s case against Megan that will be the hardest for Harry to prove? Why?
Ans:
Harry can file for the negligence charges against Megan and injury that happend to him. He can ask for the damages done to him. Megan had the duty of due care as she knew that leaving a car without parking brake is too dangerous and can harm anyone who comes in way. Megan had the duty of due care which she forget to perform in this case and she have to compensate the damages done to harry and bystander both. Harry will have hard time to prove that Megan had the intentional negligence in this case. In this case megan could have foresee the harm can be done by her action.
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