Name Those Torts
Read the following hypothetical situation. Discuss which torts have been committed, the elements that exist for those torts to be committed, any defenses that might be alleged, and who might be liable for what.
All Right Pest Control sent Handy Dan to the Smith Lake area to spray several lake homes for silverfish. There had been so little rain that season that customers were complaining of being overrun with the critters.
Handy Dan decided that, since he was there, he would do some dynamite fishing. One of the houses he sprayed had a great boat dock with a small metal fishing boat tied to it. He figured he just had to pick the lock on the chain that secured it, get in, get out, and he would have fish for the freezer before anyone was the wiser.
Out in the boat, Handy Dan threw a stick of dynamite into the water, which created a huge explosion. An extremely large carp flew up out of the water, striking Sam, who was passing by on a ski-do, in the head. Sam had not seen the Carp sailing through the air because he had been talking on his cell phone with his mother. Sam screamed and hollered for help, because the force with which he had hit the water had injured his legs. Knowing he was about to drown, he said good-bye to his mother, assuring her that he loved her even unto his dying breath.
The ski-do, loose and unmanned, swerved onto a path headed directly for the marina, where a tanker was filling up the gas tanks. The tanker, struck by the ski-do, exploded, sending a path of fire up the mountainside toward a convalescent home.
In the convalescent home, Helga, the day nurse, was very angry with Lola and her best friend, Lena. The two had gone to Helga’s supervisor the day before about a spat they’d had with her. She saw the fire coming, locked the door to Lola’s room, yelling, “Burn, you old bats!” and ran down the hall. Lola, frightened, sobbed through the door, begging for someone to help them. The only other way out was a second story window. Igor, hearing Lola’s cries for help, broke the door down with a fire extinguisher, and the three escaped to safety.