Pitre v. Employers Liability Insurance Corporation

Citation. 234 So. 2d 847 (La. App. 1970)

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Citation234 So. 2d 847 (La. App. 1970)

Brief Fact Summary.

Pitre died at a fair operated by the Thibodaux Fire Department and his parents filed a negligence suit against Employers Liability Insurance Corporation, the insurers of the fair.

Synopsis of Rule of Law.

Failure to prevent injury to another person does not constitute negligence if the precaution would not have been taken by a reasonable person under the same circumstances.

Points of Law - Legal Principles in this Case for Law Students.

Negligence is conduct which creates an unreasonable injury of foreseeable harm to others.

View Full Point of Law

Pitre died at a fair operated by the Thibodaux Fire Department and his parents filed a negligence suit against Employers Liability Insurance Corporation, the insurers of the fair. Pitre was hit by a guest when the guest was preparing to throw a baseball, and the fair made a practice out of operating this kind of stand without ropes or barriers. The trial court found for Pitre.

Issue.

Whether a failure to prevent injury to another person constitutes negligence if the precaution would not have been taken by a reasonable person under the same circumstances?

Held.

No. The judgment of the trial court is reversed. There was no danger associated with the baseball concession stand because the thrower was out in the open and bystanders should have known to stand clear. A reasonable person would not have taken precautions to prevent the harm that was inflicted upon Pitre.

Discussion.

Failure to prevent injury to another person does not constitute negligence if the precaution would not have been taken by a reasonable person under the same circumstances. The risk must be foreseeable and unreasonable in order to constitute negligence.