Law ass5 Essay Example | Topics and Well Written Essays - 250 words

Law ass5 - Essay Example The decedent’s relatives are now suing the Inn. Your district manager asks you to â€Å"put an end to such problems,† and warns you that another incident like this could â€Å"cost you your job.† While you are certainly sympathetic to the plight of the homeless, you also want to keep your job. You feel that installing barbed-wire at the top of the fence would be inhumane and would also scare your guests. In stead, you opt to turn to a small company that manufactures electric fences for cattle. The solution they recommend is to run a â€Å"hot wire† at the top of the fence. The wire would deliver a mild, normally non-lethal, electric shock to a would be trespasser. A week later you install the wire. Two days later, another inebriated homeless man, who has a pacemaker, climbs the fence. He dies instantly as a result of the mild electric shock. His family sues the Inn. 1. Ignoring any municipal codes and statutes that may exist, based on the information you have reviewed in Katko v. Briney, the Coase theorem with respect to negligence, and your own common sense, what are the policy arguments for and against tort liability in this case? The case brings into perspective the eagerness of litigants to sue for damages even when they are on the wrong. The wire mesh erected around the swimming pool differs greatly from the trap in Katko v. Briney. This is because while the trap in the former was hidden and caused damage to an unsuspecting trespasser, a wire mesh is clearly visible and when one climbs it, they do so at their own risk. The death occurred due to the man’s intoxication and not negligence on the side of the hotel. If the man had not been inebriated he would certainly have survived. As such, his death is as a result of his own cause and should not be blamed on anyone else. The mild shock could not also under normal circumstance have caused death to the homeless man. His inebriated must have largely contributed