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LIability risk, Risk Management

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Michael went deer hunting with Ed. After seeing bushes move, Michael quickly fired his rifle at what he thought was a deer. However, Ed caused the move- ment in the bushes and was seriously injured by the bullet. Ed survived and later sued Michael on the grounds that “Michael’s negligence was the proximate cause of the injury.”

a. Based on the above facts, is Michael guilty of negligence? Your answer must include a definition of negligence and the essential elements of negligence.

b. Michael’s attorney believes that if contributory negligence could be established, it would great linfluence the outcome of the case. Do you agree with Michael’s attorney? Your answer must include a definition of contributory negligence.

c. If Michael can establish comparative negligence on the part of Ed, would the outcome of the case be changed? Explain your answer.

d. Assume that Michael and Ed are hunting on farmland without obtaining permission from the owner. If Michael fell into a marshy pond cov- ered by weeds and injured his back, would the property owner be liable for damages? Explain your answer.

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