Case Problem:
Wendy Wanderer
Derek Dirt operates a home-based business selling herbs and supplements. He frequently receives new samples and is constantly discarding unwanted samples, as well as packaging, old files, and other junk on a back yard trash heap that accumulates between trash pick-ups. Little Wendy Wanderer, age five, who lives next door, sees what, to her, promises to be a nice toy among Derek's trash. Upon coming closer to the trash heap, Wendy is bitten by a rat. She screams and then faints. Her nearby mother calls an ambulance, which, on the way to the scene, jumps a curb and strikes Paul Pedestrian, seriously injuring him. Wendy requires a series of rabies shots. Except for some bad dreams, Wendy apparently recovers. Derek and Wendy are both citizens and residents of Ohio. Paul, who is a citizen and resident of Texas, was visiting friends in Ohio when the ambulance struck him.
Does Wendy have a solid basis for suing Derek for her injuries? Who might be liable to Paul Pedestrian? What types of damages could Wendy recover? If Wendy sues Derek, in what state(s) could she sue, and in what court (federal or state) could she properly file the suit? If Paul sues Derek, in what state(s) could he sue, and in what court (federal or state) could he properly file the suit?
Research the concept of attractive nuisances as it applies in the context of the tort of negligence. Also, recall from discussion regarding the Veronica drunk driving case the 4 elements of the tort of negligence. Start by talking about Wendy's claim against Derek.