Question

"In the following hypotheticals, determine which negligence defense applies, if any.

The Happy Hollow Mental Health Hospital houses many emotionally disturbed individuals. One patient, Jasmine, a convicted arsonist, escaped from her maximum-security room. No guards were on duty in that part of the hospital, and an attendant had left Jasmine’s door unlocked. As Jasmine wandered out of a wooded area onto a highway, she hitchhiked a ride from Kate, who was driving back to the university at which she worked. Kate noticed that Jasmine was dressed in a hospital gown and blue jeans, but Jasmine explained that she was a medical student at the university and often wore these gowns because they were comfortable. Kate dropped Jasmine off at a bus stop located only a few hundred yards from Kate’s home. Jasmine saw Kate stop at the house and then drive away again. Later that day, Kate’s house burned down. Police arrested Jasmine for having set the fire."

Answer 1

in the given hypothetical scenario, the negligence defense of "intervening cause" may apply.
an intervening cause is an event that occurs after the defendants conduct that contributes to the plaintiff's harm.
here jasmines escape from the hospital the attendant leaving her door unlocked and no guards being on duty in that part of the hospital could be considered negligent conduct by the hospital staff. but jasmines act of arson could be seen as an intervening cause that contributed to kates harm.
kate picked up jasmine dropped her off at a bus stop and then went home.
jasmine saw kate stop at the house and then drive away again.
later that day kates house burned down and jasmine was arrested for having set the fire.
it could be argued that jasmines act of arson was an intervening cause that broke the chain of causation between the hospitals negligence and kates harm.