Reference no: EM131995336

Little Timmy and his friend, Colin Lassie, were out on the lake in Little Timmy's boat. A storm whips up, making it too dangerous to remain on the water. They are on a part of the lake with rocks and other hazards along the shoreline, making it unsafe to make landfall. Through the driving rain, Colin Lassie spied a dock jutting out between some rocks. The dock has a large, well-light "No Trespassing" sign visible in the driving rain. Colin Lassie pointed the dock out to Little Timmy Little Timmy steered the boat to the dock anyway, and both men tied the boat to that dock as best they could. They saw a cabin with a covered back porch. They went to the cabin and knocked on the doors and windows, but no one answered. The two men waited out the storm on the covered porch. Meanwhile, the storm caused the boat to bash up against the dock, damaging both the boat and the dock.

The storm passed. Little Timmy and Colin Lassie walked back to the dock to check on the boat. Little Timmy saw what looked like an old fashioned wishing well near the cabin. Despite Colin Lassie asking him not to, Little Timmy went over to see if it was a real well or just decorative. It was a real well.

Little Timmy leaned over the rock wall of the well to look inside. The rock wall crumbled and Little Timmy fell down the well. Colin Lassie ran over, saw Little Timmy unconscious at the bottom of the dry well, and called 911.

The local fire department rescued Little Timmy. Little Timmy spent three weeks in the hospital after having two surgeries. His prognosis was that he likely would have scarring and a permanent limp from injuries sustained falling down the well.

Little Timmy learned that Big Brad owned the dock, the cabin, the wishing well, and the lot upon with the dock, wishing well, and cabin sat. He sued Big Brad for failing to maintain the well wall and for failing to take reasonable action to prevent people from falling in the well in any event. Little Timmy argued that had Big Brad maintained the well wall and put in reasonable safety barriers, Little Timmy would not have fallen down the well. Big Brad denied liability. Big Brad also countersued for the damage to his deck, for damage to the well wall, and for trespass in general. Big Brad declined to sue Colin Lassie.

Questions:

1. Is Little Timmy liable to Big Brad for trespass?

2. Is Little Timmy liable to Big Brad for any of Big Brad's damages? If so, what and why?

3. What duty did Big Brad owe Little Timmy?

4. Is Big Brad liable for Little Timmy's injuries? Why or why not?