Friday, November 18, 2011

Video quiz

Here is a video that raises a few interesting questions. Take a look first and keep reading below.

Obviously, we don't have all the necessary information, but we can see the guard hits the button to close the gate and then walks away before it is completely closed. Assuming the guard was too far to notice what was happening to the woman, is this negligence by the guard?

Then let's talk about the woman. She seems to be aware the gate is closing and decides to chance it anyway. Is this negligence on her part? Is it assumption of the risk? How do you distinguish between conduct that is negligent (which may allow the plaintiff to recover some value of her injury) and conduct that is assumption of the risk (which will eliminate her right to recover entirely)?

Thanks to Prof. Jonathan Turley for the video.

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