A hiker sustained a head injury when he was struck by a limb…

A hiker sustained a head injury when he was struck by a limb that fell from a tree. At the time of his injury, the hiker was walking through a forest on private property without the property owner’s knowledge or permission. The property is located in a jurisdiction that adheres to common law.  It was determined that the limb fell because the tree was infested with termites.   In an action by the hiker against the property owner to recover for his head injury, will the hiker prevail?

A fire that started in the defendant’s warehouse spread to t…

A fire that started in the defendant’s warehouse spread to the plaintiff’s adjacent warehouse. The defendant did not intentionally start the fire, and the plaintiff can produce no evidence as to how the fire started. However, the defendant had failed to install a sprinkler system, which was required by a statute to assist in the spread of fire. The plaintiff can produce evidence that had the sprinkler system been installed, it could have extinguished the fire before it spread.  In an action by the plaintiff against the defendant to recover for the fire damage, is it possible for the plaintiff to prevail?