Q: Is someone liable for the injured person if he tried to avoid the danger as well?
Sam, a delivery guy from X’s company was chased by a dog. Steve, driving and trying to avoid hitting Sam, turned his car to the left and accidentally went into the store and injured himself and three other people. Is Sam or his company liable for the injured people?
A: If this is a real-life setting, Sam could be dragged into the equation, depending on his alternatives, the reasonableness of his reaction, and the scope of coverage provided by the company's insurance. If this is a textbook setting, which is doubtful, since students never turn to Justia as a resource for Torts I questions, it could involve an analysis that includes proximate cause and foreseeability, among other possible issues. Good luck
Jonathan R. Ratchik agrees with this answer
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A: You should speak to a lawyer because ALL details and fine points matter for a correct analysis. At first glance, it appears that the driver is fully liable, irrespective of the other circumstances. However, liability is also apportioned in accordance with the state rules for that.
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