NAME_1 wanted to take a shortcut home through a construction site. It was fenced and signs were posted stating: NO TRESPASSING. NAME_1 climbed the fence and started crossing the construction site. NAME_2, the property owner and construction site manager, saw NAME_1 and yelled at him to stop. NAME_2 was about to blow up a tree stump to clear the land. As NAME_2 started chasing NAME_1, he left the explosives unattended.
While NAME_1 was running, his foot got caught in a hole in the ground that should have been covered. NAME_1 fell and broke his leg. As NAME_2 went over to NAME_1 and started to help him up, the explosives accidentally exploded. Flying dirt and construction debris hit NAME_2 and NAME_1. NAME_1 was seriously injured as a result.
NAME_2 called for medical assistance, and while they were waiting, he wrapped one of NAME_1’s wounds with a rag in order to stop the bleeding. The rag was contaminated with dirt and bacteria, which led to an infection in the wound, worsening NAME_1’s injuries.
1. Is NAME_1 liable to NAME_2 for any intentional torts? Discuss.
2. What tort claims can NAME_1 reasonably assert against NAME_2; what arguments can NAME_2 make in his defense; and what is the likely outcome? Discuss.