Essay Flashcards

During a city festival, a government parks maintenance crew oversees a temporary elevated canopy over a public walkway, secured by anchors and guy lines. A sudden, unusually strong gust of wind causes part of the canopy frame to loosen and a metal crossbar to strike a bystander, Kara, injuring her. The crew supervisor, Marco, contends that Kara’s injury resulted from a fortuitous event—the unexpected wind gust—that could not have been foreseen or resisted and that due care was exercised in securing the canopy. Kara sues for damages under a quasi-delict. (a) Identify the controlling doctrine of accident or fortuitous event and explain when it operates as a defense. (b) Distinguish when this defense applies versus when Marco would be liable for negligence. (c) Apply to the facts and determine Marco’s liability, if any.