More Law School hypotheticals

[Theophylact]

In Finding Nemo, who might have an action in tort against whom?

Finding Nemo tort hypothetical:

Marlin, a clown fish, discovers a pair of snorkeler goggles. Marlin's friend Dory, greatly desirous of the goggles, grabs the goggles from him; Marlin grabs back. In the course of the struggle, Marlin accidentally lets go of the goggles. They hit Dory in the face, causing a nosebleed. Assume that Dory has no title to the goggles.

Blood from Dory's nose wafts up to Bruce, a shark and recovering blood addict. Marlin and Dory are well aware of Bruce's addiction. They are further aware that blood causes sharks to go crazy. The blood induces an insane rage in Bruce, who then chases after Marlin and Dory, destroying property from a derelict ship (owned by Ships, Inc.) along the way. Bruce's chase also causes enormous emotional distress to Marlin. Dory, a more relaxed fish, simply takes Bruce's insane rage in stride.

Marlin and Dory flee into a torpedo shaft. Neither of them are aware that the metal cylinder behind them is a torpedo; nor are they aware that the "balloons" outside the derelict ship are mines. They are in no danger within the torpedo shaft, but Bruce continues to rage outside. Rather than waiting for Bruce's blood lust to wane, Dory triggers a switch that causes the torpedo to slide out, jamming itself in Bruce's mouth and causing at least one broken tooth. (Bruce, however, regularly regrows broken teeth.)

In an attempt to rid himself of the torpedo, Bruce swings his head back and forth. Unfortunately, his final swing hurls the torpedo out over the minefield. Unlike Marlin and Dory, Bruce is aware of the mines outside the derelict ship. The torpedo hits one of the mines, and they all explode. The derelict ship, which already lies on the bottom of the sea floor, is knocked into a nearby trench, causing more destruction. The mines are all obliterated. On the surface of the ocean, a pelican is disturbed by the gaseous discharge from the explosion.

Who may be liable to whom, for what, and why? Please note: Dory is perhaps mentally incapacitated due to her lack of short-term memory, and Bruce has a history of childhood neglect. If your legal conclusion depends on additional facts not provided here, identify those facts and discuss how they would affect your analysis.

[Ed_S]

Well, there's a couple that're obvious - the manufacturer of the torpedo discharge switch is liable for not foreseeing this and providing failsafes to prevent it.
In addition, Ships, Inc. is liable for not immediately cleaning up the environment after the shipwreck.
And of course, whatever government has jurisdiction is ultimately responsible...

One thing's for sure in today's world - those directly involved (Marlin, Dory, and Bruce) bear no personal responsiblity whatsoever!!

[osprey4]

The government should probably offer some sort of victim's compensation in return for not suing the defense contractor.