Jane a babysitter took 6-year-old carl to the playground


Jane, a babysitter, took 6-year-old Carl to the playground. Carl began to kick a soccer ball. Jane was too occupied texting on her cell phone to notice that Carl had kicked the ball into the street and was running to retrieve it. A motorist, who was driving 40 miles per hour despite a posted limit of 25 miles per hour, struck Carl and injured him. Discuss Jane’s liability to Carl on a cause of action for negligence? Discuss each element of the cause of action and any defenses. You should use the facts about the motorist but the motorist is NOT a defendant and Carl (Carl’s parents) are NOT suing the motorist.

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