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David Peterson Case Summary

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David Peterson will likely not be held liable for the actions of his son. Courts have determined that a person should not be held liable when an event is not reasonably anticipated. In Smith v. Allen, a child, age eleven, injured the plaintiff, age nine, while swinging a golf club that was left in the backyard by his father. The plaintiff claimed that the father was negligent and liable due to knowing the club was left outside, that his child would play with it, there was no warning against using the club, and improper use could lead to injury. The father demurred claiming the complaint was not sufficient. This demurrer was later sustained as the court held that the action was “not reasonably to be anticipated at all” making the father not

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