Freeessaysample

Defenses to Negligence Peterson ex rel v. Donahue

Defenses to Negligence. Answer the case study questions thoroughly, with complete sentences.  Cite references and build a strong support for the decision. Show your knowledge of the particular law at hand. Do NOT submit brief, inconclusive answers to these questions.

one-page DOUBLE-SPACED document in Word.

The assumption of risk

In the case of Peterson ex rel.Peterson v.Donahue, Neal Peterson was a minor and the case was filed through his parent who was his natural guardian as a plaintiff against David Donahue who was the respondent for negligence. In the month of February 2000, David Donahue who was then aged forty-three was crossing a ski slope when Neal Peterson who was then eleven years old collided with him. At the time of the accident, both the plaintiff and the defendant were expert skiers. During that afternoon, he was skiing very fast such that his skis were not touching the ground when he collided with Donahue. While skiing both Donahue and Peterson knew the possible dangers of skiing, which included collisions, accidents and possible injuries.

The defense to a claim of negligence that Donahue is most likely to assert is the assumption of risk. Assumption of risk arises when both parties had entered into a situation where the plaintiff knows all risks possible (“Findlaw’s Court Of Appeals Of Minnesota Case And Opinions.”). In this case, Peterson, the plaintiff was an expert skier. He was on his fourth year as a member of a ski race team and he had begun skiing at the age of two years. Hence, he knew that there is a possibility of accidents, collisions and even injuries.

Additionally, the court is likely to apply this defense because both parties were aware of the risks involved in skiing. The court would rule that this claim has precluded Peterson claim because in assumption of risks, the defendant was not liable to protect the plaintiff from injuries that come with skiing (Scubert 1). Also looking at the facts, Peterson was skiing too fast such that his skiers were not touching the ground. In other words, he was skiing in a reckless manner while Donahue was skating slowly when Peterson collided with him.

Work cited

“Findlaw’s Court Of Appeals Of Minnesota Case And Opinions.”. Findlaw, 2019, https://caselaw.findlaw.com/mn-court-of-appeals/1461942.html. Scubert, Jessica. “Assumption Of Risk: Definition, Doctrine & Examples | Study.Com”. Study.Com, 2019, https://study.com/academy/lesson/assumption-of-risk-definition-doctrine-examples.html.

Browse more products here

Leave a Comment

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.