Login

Login

To access this feature, please Log In or Register for your Casebriefs Account.

Add to Library

Add

Search

Login
Register

Pitre v. Employers Liability Insurance Corporation

    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.

    Facts.

    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.


    Create New Group

      Casebriefs is concerned with your security, please complete the following