The weekend after Thanksgiving, Don used a ladder to hang up…
The weekend after Thanksgiving, Don used a ladder to hang up Christmas lights on his house. Don forgot to put away the ladder. A week later, Don let his son, John, invite a neighbor, Paul, over to play. Paul, an adventurous 5-year old, saw the ladder propped up against the house and climbed it. Paul slipped and fell off the roof. He sprained his ankle and his suede shoes were damaged when he fell. The shoes cost $100. The cost of medical bills for the ankle are $500. Paul’s mom took Paul to see Dr. X. Dr. X prescribed a new drug that was supposed to be very efficient in pain relief and helping sprains heal. However, Dr. X did not tell Paul or his mom that a small percentage of patients suffer vomiting as a side effect of the drug. One day after Paul started taking the drug (which Dr. X gave him) he vomited profusely, causing him to dehydrate. Paul has an extra-sensitive stomach. Paul’s parents have filed suit against Don, and against Dr. X, on behalf of their son, Paul. Thoroughly discuss these questions: Is Paul likely to succeed on a negligence claim against Don? Do not discuss the Attractive Nuisance doctrine. Can Don raise any defenses? Is Paul likely to succeed on a negligence claim against Dr. X? Does Dr. X have any valid arguments that tend to disprove any of the elements of negligence?