By Homer against Surfin’ Safari (SS), CalderMobile (CM), and the City’s 911 office, to recover for his injuries
Type of document Essay 2 Pages Subject area Law Academic Level Undergraduate
Style APA /references 1
Order description:
- I understand that there are inherent and other risks involved in a SAFARI. These risks include, but are not limited to, danger to my automobile and person. SAFARI conditions vary constantly because of the unpredictability of animal behavior. The inherent risks of a SAFARI present the risk of serious and/or fatal injury.
- I agree to hold harmless and indemnify SURFIN’ SAFARI and/or any employee of the aforementioned for loss or damage, including any loss or injuries that result from damages related to the SAFARI.
I, the undersigned, have read and understand the above release of liability.
Homer, distracted by the children, signed the form without reading it. He also did not focus on the sign ahead stating: “Do NOT Take the Right Fork. This Portion of the Park Road is Under Construction and is Dangerous to Cars.” He instead drove down the right fork.
The lions had not been fed that day, a common practice among safari parks because it spurs the cats to prowl through the park rather than snooze, therefore remaining visible to visitors throughout the day.
One hungry lion had wandered from the pride and into the “right fork” area, where he encountered the Simpsons’ car. Upon seeing the baked goods carton next to Homer on the seat, the lion roared “Mmmm . . . doughnuts,” and tore open the car, severely injuring poor Homer’s leg, and rendering the engine inoperable.
After the lion retreated, doughnuts in paw, Marge attempted to call 911 on her cellphone. She had just changed providers to a brand new outfit, CalderMobile (CM), prompted by a large billboard near their home pronouncing CM “the best in the Springfield metro area.” When she signed up, Marge told the representative that she needed a carrier that had extensive coverage near the nuclear plant, because she often drove down to pick Homer up after work. The CM rep, in his first day of work and clueless about CM coverage, didn’t bother to check the location of CM towers, but responded anyway “I’m sure we cover there.”
Question 1 is continued on the next page
Needless to say, Marge got no mobile reception that day, nor was there a CM tower within miles of the power plant. After several unsuccessful attempts with her cellphone, she broke into the nearby safari-keeper’s cabin and called from his landline. Although the 911 operator dutifully took the information, it was garbled in the relay, and – despite Mayor Quimby’s oft-articulated “three minutes or fewer” pledge – no ambulance arrived for over ten minutes.
By the time the ambulance carrying Homer arrived at the emergency room a full twentyfive minutes after the mauling, he had lost enough blood so that his leg had to be amputated. Medical experts would testify that, had he been brought to the hospital promptly, he would have had an improved – although not better-than-even – chance of saving the limb.
As if things weren’t bad enough, gasoline from the Simpsons’ partially-crushed car drained and flowed down hill onto the power plant grounds, ultimately causing an explosion that tore open several properly-stored vats of radioactive waste, which seeped into the ground.
Two suits have been initiated as a result of these events:
(1) By Homer against Krusty’s Safari (SS), CowabungaMobile (CM), and the City’s 911 office, to recover for his injuries; and
(2) By the Power Plant (PP) against Krusty’s Safari, to recover for the costs of the costs of the waste clean-up
Please discuss the principal relevant tort doctrines these (and only these) plaintiffs might invoke against these (and only those) defendants, and their likelihood of success. Be sure to account for contrary arguments, and to mention what additional facts you would need to know, if any. Do not repeat analysis pertinent to multiple suits- simply refer to the earlier discussion. You may organize this as you think best.
right now the total
