QUESTION Pixie is a single mother. She takes her daughter Rose (a two year old infant) to a local
playground. While lighting a cigarette, Pixie starts talking with another young parent, Robert
Pixie is distracted by Robert's good looks and gritty charm. Meanwhile, Rose starts to wander
over to the road. Robert notices a possible catastrophe and rushes out after Rose. Robert just
manages to save Rose from being run over by Bob, who is driving a van within the speed limit
and quite safely. However, Robert has too much forward momentum and collides with Bob's
van. Robert is seriously injured. Bob skids off the road and crashes into some playground
equipment. Luckily, no children are using the equipment. Laura, driving at speed behind Bob,
sees the above-related events and puts her foot down hard on the brakes. Laura's car skids on an
oil slick and crashes into a tree. Some distance behind the tree was Leo. Leo thought that Laura's
car might hit him and he started running away screaming 'Oh Lord, don't take me now!' Leo has
an underlying personality disorder and develops a paranoid fear of going out into the street. As a
result, he loses his job and his livelihood. The accident involving Leo is witnessed by Barbie,
Rose's grandmother, who is also at the park. Barbie suffers from a brief fright, but believes that
she will be alright. However, she later develops post-traumatic stress disorder as a result of this
event, combined with the news that Rose barely escaped a serious injury. She had not seen the
incident involving Rose herself, because she had been busy setting out the picnic lunch.

Identify any actions available in the tort of negligence and analyze the elements of the tort
accordingly. (20 MARKS)

1. There was a breach of the duty of care that existed between Pixie and her daughter Rose. This happened when Pixie gave her foremost attention to a man instead of her daughter.

2. The negligence on the part of the parent caused significant harm and damage to the neighbors who witnessed the incident.

3. The harm caused by Pixie's action was foreseeable because the negative impact on the other victims can be envisaged.

Explanation:

The tort of negligence law stipulates that an individual who has a duty of care to another is culpable if that duty is breached thus causing foreseeable harm to the victim. Pixie is culpable of this offense as seen in the following actions;

1. Pixie begins talking to another parent, Robert thus becoming distracted by his good looks: This is an act of negligence on the part of Pixie. Her attention should have been focused on her daughter.

2. Robert is seriously injured after his collision with the van, Laura's car crashes into a tree, Leo is affected mentally and eventually loses his job, Barbie Rose's grandmother develops post-traumatic stress: All of these are damages caused to the other victims of this breach of the duty of care on the part of Pixie.

3. The development of post-traumatic stress by Barbie is an example of foreseeable damage due to this event.

If any of these victims should sue Pixie for their damages, she would be fund culpable because her actions satisfied the tort of negligence.

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