Tort of Negligence
In the movie Jaws, the Mayor of Amity and a few other men try to persuade Chief Brody not to close the town’s beaches. If the chief keeps the beaches open and a swimmer is injured or killed because Brody failed to warn swimmers about the potential shark danger, has Brody committed the tort of negligence? Explain.
Now suppose that Chief Brody goes against the mayor’s instructions and warns swimmers to stay off the beach. Nevertheless, several swimmers do not heed his warning and are injured as a result. What defense or defenses could Brody raise under these circumstances if he is sued for negligence?
Can Chief Brody be held liable for any injuries or deaths to swimmers under the doctrine of strict liability? Why or why not?
Remember you are making a legal argument, use the elements of negligence, and apply the facts from the movie. (Don’t forget Palsgraf.)
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