Assignment 2 – Exercise 2H
A. Issue
Is storing a tool chest on the floor in the basement David’s father’s negligence so that David’s father is liable for the injuries to Phil?
B. Rule
Smith v. Allen : A person is generally liable for injuries if an item that caused injuries is obviously and intrinsically dangerous. In addition, a person who breaches a duty to protect others against risks is negligent and liable for injuries resulting from his negligence.
C. Application
Hammer and nails are obviously and intrinsically dangerous and they are so likely to cause eventsrisk. The risk could be recognizable as one that would not be commonly be disregarded. Also, David’s father breaches a duty to protect others against risks by storing a tool chest on the floor in the basement. Therefore, father was negligent and liable for the injuries to Phil.
D. Conclusion
David’s father is liable for the injuries to Phil when an item that caused injuries is obviously and intrinsically dangerous because David’s father negligently stored a tool chest that causes David to resultresulted in Phil's injuries.