FACTS Fitness center member Gina Stelluti sustained various injuries while participating in a fitness class. The plaintiff in this case claimed that her injuries were the result of the defendant’s negligence in regards to failing to repair the broken exercise bike, which had caused the injuries to the plaintiff. The defendant had filed for a motion for summery. The original trial court had granted that request. This request was granted due to a liability contract that cleared the defendant of negligence and gross negligence.…
14. As a further result of the injuries sustained by Plaintiff, there is a reasonable probability that Plaintiff will require further medical care and attention and will incur future reasonable and necessary expenses for medical care and attention. Plaintiff’s doctors estimated over $100,000 in future medical bills, plastic surgery, and counseling to be incurred by Plaintiff.…
The School District of Hillsborough County, educating over 187,000 students between pre-kindergarten and twelfth grade, is the ninth largest School District in the nation and third largest in Florida during the school year of 2004-05. The financial service responsibility for the School District of Hillsborough County is with the Division of Business and its associates. The Division of Business is responsible for, among other obligations, generating and presenting the Comprehensive Annual Financial Report (CAFR) for review by KPMG, LLP, and approval by the Superintendent of Schools, MaryEllen Elia and the School Board of Hillsborough County. If the CAFR is deemed to be correct than the District may receive an award from the Government Finance Officers Association.…
The tort of negligence in this scenario includes the five essential elements of negligence, duty, breach of duty, the breach being the cause of injury, proximate, and the resulting damages (Lucas, 2008). In a case of negligence the individual or company may be held liable not only with negligence but sometimes with trespass, injury, and even mental or emotional harm (Lucas, 2008). However, the law requires these elements are proven in order to recover in a law suit against a torfeasor for negligence (Melvin,…
Use the BUGusa, Inc., scenarios and your research to support your answers to the questions listed in the worksheet, classifying the types of torts in each scenario.…
ASSAULT, BATTERY AND FALSE IMPRISONMENT ARE EXAMPLES OF ____ TORTS THAT INVOLVE INTERFERENCE WITH A PERSON'S BODY.…
In the case at Gigantic State University, students that were a part of the SFT committed several careless acts. Within this particular case there was a definite crime that was committed because both Prudence’s physical and mental integrity was harmed. Not only could this case be classified according to the textbook as an intentional tort against persons but could be put into intentional tort against property. Torts against persons are intentional acts that harm an individual’s physical or mental integrity (Kubasek, pg. 111). A person who is legally injured may be able to use tort law to recover damages from someone who is legally responsible, or “liable,” for those injuries. According to the case, Prudence’s physical integrity was harmed…
The schools buildings and land are owned by the governing body or a charitable organisation…
References: Okrent, Kathy J. (2009). Tort and Personal Injury Law. Fourth Edition: Cengage Learning Inc.…
3) How were the elements of intentional infliction of emotional distress applied to that case? In other words, explain why the court concluded that there was enough evidence to establish intentional…
* Risk assessments – regularly conducted in each classroom/learning space along with assessments conducted prior to any offsite trip…
Buckley, W.R. & Okrent, C. J Torts and personal injury law 3rd ed. Ch.6 & 7 (2004).…
* The DFE publish league table, this is helpful in monitoring school’s progress & also for the parents & students.…
Reporting or dealing with any hazards such as making sure that there are no equipment are on the classroom floor including the children’s coat are hanged up and not left on the floor. No cables are sticking out from anywhere and it is tucked away properly. Making sure the windows can open and close properly and making sure that they are not broken. Making sure the toilet floors are not wet and the toilets can flush. Drawing pins are locked away and not being used.…
Within our school there are policies set in place and it is important that staff know the proceedures.…