Donna asked her next door neighbor, Suan t, to ater her flowers each day while s

Question

Donna asked her next door neighbor, Suan t, to ater her flowers each day while she was on a two week vacation. for the first 5 days , Suasn did so, without any problem. Howeverm on the 6th day when she touched the ouside faucet, Susan received a violent electric shock taht caused her actually to jump thourgh the air, melted her tennis shoes, and set her clothes on fires (seriously burning her.) . This very unformtunate incident occurred b/z Donna had recently repaired one or her toilets- her DIY efforts left much to be desirded. Water from the leaky toiltet tank had floddded though the walls, soaking electrical wires, utlimately, causing the outdoor caucet to become electrified. Now, susan is suwing Donna for negligence. You are Donna's attorney. please explain how you intended to dfend the negligence claim against Donna. Inparticular, please explain of the several elements of negligence with element sems to be most helpful to Donna's defense/ explain why.

Explanation / Answer

In first place, you can definitely observe negligence elements from
Donna, as it was her responsibility to ensure the passwed over work
doesnt injure anyone.

Now to be in Donna's attorney's shoes, I should be able to find
situations that defend my client.

1. The point to be taken into consideration is it is not the 1st day
of handover to Susan. She was able to work for 5 days without any
concerns.

2. This lays a strong point to show something has gone wrong midway
these 5 days but not during the handover.

3. Susan should have been careful enough to observe her surroundings
before getting into certain things.

4. Susan should have been wearing right attire that can nullify
electric attacks.

5. It is clear that walls are also flooded, which means there is a
clear cut visibility of surroundings. There is no lack of transparency
from Donna.

6. There are no facts hidden, as everything is there to be seen.

7. Susan should have raised concerns when Donna was asking for the help.

8. In case Susan was ignorant initially, she should have raised the
same after watering the place for 6 days because by then she should
have become familiar to the area and work.



Looking at the above points, we can back ourselves that Donna can be
defendec in every possible way.

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