Legal Question in Personal Injury in California
What are the issues?
AA and her neighbor, BB, were cutting firewood. BB used a chainsaw, AA stacked the wood as it was cut. Neither wore safety glasses, although they both owned a pair. They didn't wear the safety glasses because they both thought the job would only take a short time. The job turned out to be a big one, lasting well over an hour. They were both getting tired & BB complained he was feeling very fatigued & that it was getting harder & harder to hold the saw so that it would cut a straight line. AA suggested they stop for the day, but BB wanted to go ahead & finish the job. On BB's next attempt to saw a log, the saw slipped slightly & hit the log at a slant. A piece of bark flew off & hit AA in the eye. The accident left AA totally blind in that eye. AA would like to sue BB for negligence. What are the issues involved in this case?
5 Answers from Attorneys
Re: What are the issues?
assumption of risk, comparative negligence
Re: What are the issues?
The first LawGuru attorney to see this question should have rejected it. This site is intended to help people understand the legal issues that affect them, not to help law students cheat on their assignments.
Re: What are the issues?
What the heck I will give you the issues.
(1) Was BB Negligent?
(2) Will BB not be liable to AA under the doctrine of Primary Assumption of risk as a matter of law?
(3) If not then is AA comparatively at fault, and if so, what is AA's percentage of fault?
Re: What are the issues?
looks like good case.
primary issues will be the liability for failing to use eye protection
Joel Selik
Re: What are the issues?
Is this a question or a law school exam? Remember, IRAC!
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