General Discussion
In reply to the discussion: How to get sued for $1.5 million for personal injury while taking a shower. [View all]Fraud requires, if I recall, 1) an intentional misrepresentation 2) upon which the Plaintiff reasonably relies, and 3) an injury to Plaintiff caused by his or her reasonable reliance on the misrepresentation.
In this case, the homeowner did not reasonably rely on a misrepresentation. There was a misrepresentation, to be sure, but did the homeowner rely on that? Was she injured as a result? No. Not that I can see.
Only if the housekeeper could make a jury believe that she would have never opened the door unless it was a Fed-ex person outside, and only if homeowner could then prove that she was injured because her housekeeper opened the door, would we have a possible case of fraud.
Seems to me that Plaintiff was not injured at all. The dog did the injuring. The homeowner is probably liable. imho, for what that's worth.
-Laelth