Question
Peter (Plaintiff), a twelve-year old, (This question involves a child) was playing with his pet pigeon in a field near his home, which is adjacent to a high voltage electricity power substation. (This is a dangerous instrumentality so it probably a tort question involving injury to P) The substation is surrounded by a six-foot tall chain link fence topped with barbed wire. Attached to the fence are twelve 10 inch by 14 inch warning signs, which read “Danger High Voltage.” (A sign warning the danger)
Peter’s pigeon flew into the substation (trespass by animal) and landed on a piece of equipment. In an attempt to retrieve his pet, Peter climbed the surrounding fence, then scaled a steel support to a height of approximately ten feet from where the bird was stranded. When Peter grasped the bird, it fluttered from his hand, struck Peter in the face, causing Peter to come into contact with a high voltage wire, (trespass by P) which caused him severe burns. (A serious injury)
Peter’s father (P's father standing issue here) is contemplating filing a lawsuit on Peter’s behalf against the owner and operator of the substation, Power and Light Company (PLC), (Defendant) to recover damages arising from the accident.
What causes of action (#1) might Peter’s father reasonably assert against PLC, what defenses (#2) can PLC reasonably raise, and what is the likely outcome (#3) on each? Discuss.
Outline
1. Cause of Action: Strict Liability for Abnormally Dangerous Activity
(1) High degree of risk of serious harm
(2) Risk cannot be eliminated by the exercise of reasonable care
(3) The activity is not common
(4) Not appropriate for the location
2. Defenses
(1) Assumption of Risk
(2) Contributory Negligence
3. Outcome
1. Cause of Action: Negligence for Attractive Nuisance
(1) Duty
1) Knew or should have known children trespass
2) Unreasonable risk of serious injury
3) Children do not discover the risk
4) Expense to remedy the condition outweighed by risk
5) Fails to use reasonable care to eliminate the danger
(2) Breach
(3) Causation
(4) Damage
2. Defenses
(1) Assumption of Risk
(2) Contributory Negligence
3. Outcome