What potential liability does Veronica face, and what defenses, if any, should she consider?

Midterm essay exam answers must not exceed eight pages. The typical length for a good answer is 3½ to 6 pages.

1. Use IRAC format and write the essay in a narrative fashion.

2. Include a copy of the midterm essay exam question with your answer when it is submitted for grading.

Essay Question

As night approaches, Veronica and the other residents of her neighborhood are wondering where the burglar would strike next. While she isn’t sure exactly when, Veronica is certain that at some point in the near future, it will be her turn. Consequently, she purchases a huge, attack tortoise and allows it to roam freely in her house at night.

A week or two later, Burglar targets Veronica’s house and climbs onto the roof. As he is approaching an open skylight, he falls through a hole that Veronica had covered with a tarp until she could find the time to repair it. Burglar’s leg is injured when he lands on the living room floor.

Getting up, Burglar limps toward the front door and trips over the tortoise, who responds by giving his hand a vicious bite.

Realizing he has to get out of there quickly, Burglar rushes toward the front door, only to slip in a puddle of tortoise urine and further aggravate his already injured leg.

What potential liability does Veronica face, and what defenses, if any, should she consider?