Question

A driver lost control of his car in the early morning on an icy road, and a sheriff's deputy responded. The deputy told the county highway department about the icy condition. He then left without doing anything to alleviate the icy condition or warn the public about it. A few hours later, Price lost control of his car at the same location and suffered injuries. He sued the sheriff's department for negligence. Did the sheriff's department have a duty to alleviate the icy condition or warn of it? Explain why.

This is a business law question. I can't figure out what the rule is. I have to use the IRAC format. Please help. You don't have to answer the whole thing. I am just asking for help with the rule of the negligence claim. I understand that the Sheriff's department is not at fault but I am not sure why.

Answer 1

The sheriff's department need to raise a snow emergency after examining the roads and other weather conditions. The citizens must not travel on the roads unless it is very important. When the driver knew the roads are icy he must not have come on that road again and hence he might be questionable. The sheriff's department need to issue emergency orders which they did not and also they need to instruct the road department so that they can put some gravel on the roads to prevent vehicles from skidding. If the condition of the roads is not due to any storm but just the winters the department cannot take immediate action and only road safety department need to do something. If the condition is due to snow storms then it is the fault of the sheriff's department for not raising emergency and making announcements warning people.