Question

Which of the following actions would not result in a successful tort action by the person suing? Assume that all the persons involved learn these facts.

A) Carol accidentally bumped into Susan while shopping and apologized immediately.
B) Mark, a delivery person, mistakenly delivered a package to the wrong address, but it was quickly resolved.
C) John, a neighbor, entered Maria's backyard to retrieve his ball after it accidentally flew over the fence.
D) Jayne was doing yoga in her backyard. She looked up and was surprised to see the gas meter reader in her yard. She sued him for trespass.

Answer 1

John, a neighbor entering Maria's backyard to retrieve his ball after it accidentally flew over the fence would not result in a successful tort action.

Step-by-step explanation:

Out of the given options, the action that would not result in a successful tort action by the person suing is option C) John, a neighbor, entering Maria's backyard to retrieve his ball after it accidentally flew over the fence. In this scenario, John had a legitimate reason to enter Maria's property and can argue that it was necessary to retrieve his property. As long as John did not cause any damage or harm while entering the backyard, Maria would likely not be successful in a tort action against him.