Friday, May 23, 2014

Underhill v. Wind case brief summary

Underhill v. Wind

o   Negligence Per Se
§ If you violate a (constitutional) statute
·         Person had to fail to use reasonable care in violating
·         Violation of statute needs to cause harm the statute was intended to avoid
o   Woman rented apt to neice. Niece had 2 rotweilers who did extensive damage to the apt, so she was going to move to another apt the aunt owned.   Aunt said you can’t take the dogs to the new home. Must get rid of them. Neice asked for 2 weeks in living in new home to find new home and aunt agreed. She didn’t find a new home. 6 mos later dogs got out and did severe injury to girl walking down street. 2 Samaritans came by and helped and they too got hurt. Before this happened, the niece, had her dogs get out of house 2 times before bc of a faulty latch on door. Aunt didn’t know whether the dogs were still staying for the 2 weeks. Could landlord be held liab for the injuries?? Under what theory? Could tenant be held liable
o   Is a Law against animals running at large! – either have to be:
§ Confined to premises
§ Within reasonable voice control
§ On a leash
o   Latch didn’t work properly, so should owner reasonably be responsible for violating leash rule?

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