Dan, a driver for EZ Delivery Company, leaves a truck's motor running in neutral and carelessly forgets to set the parking brake while he makes a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall collapses onto a crane, which falls on and injures a bystander-Flo. What must Flo show to recover damages from Dan?
Flo has to show dan did not Use his parking brake .
Flo must show that Dan was negligent in his actions and that his negligence directly caused her injuries. To establish a claim for negligence, Flo needs to prove the following elements:
1. Duty of care: Flo must demonstrate that Dan owed her a duty of care. In this case, as a driver for EZ Delivery Company, Dan has a duty to operate the truck safely and take necessary precautions to prevent harm to others.
2. Breach of duty: Flo needs to show that Dan breached his duty of care. This can be established by demonstrating that Dan acted in a negligent manner by leaving the truck's motor running in neutral without setting the parking brake, which resulted in the truck rolling and causing the chain reaction leading to her injuries.
3. Causation: Flo must prove that Dan's breach of duty was the direct cause of her injuries. In this scenario, Flo must establish a cause-and-effect relationship between Dan's negligent actions and her being injured by the falling crane.
4. Actual damages or injuries: Flo must provide evidence to show that she suffered actual damages or injuries as a result of the accident, such as medical records, bills, or other supporting documents.
By demonstrating these elements, Flo can potentially recover damages from Dan by filing a lawsuit for negligence and seeking compensation for her injuries. It's important to note that specific legal requirements and standards may vary depending on the jurisdiction, so consulting with a lawyer would be advisable for the most accurate advice tailored to your situation.