The Tort Law and Negligence Introduction. Education.
A student steps off a campus shuttle bus at a crowded street corner. An impatient driver pulls around the bus and hits the student. The driver who caused the accident panics and flees the scene. A staff member from the Bursar’s Office, who is waiting at the bus stop, acts quickly and takes a photograph of the fleeing car before calling for emergency care for the student. The student sustains multiple injuries and is forced to drop out of school for the semester. The student sues the school for failing to provide a safe bus stop location.
This scenario is an example of tort liability. Tort liability is a direct invasion of someone’s legal rights and a violation of some private obligation from another person(s) that causes some damage to an individual. To Prepare
Review the Learning Resources and view the video Tort Liability for Negligence. Reflect on following statement:
Negligence is a category or tort liability and has been defined as conduct that falls below the standard established by law for the protection of others against unreasonable risk or harm. There is a duty of due care that the law recognizes one person owes to another (Dunklee & Shoop, 2006).
To Complete
Write a post that addresses these aspects of tort law:
Briefly describe the relationship between tort law, negligence, and risk management.
In the scenario in the introduction to this Discussion, what is the potential liability for negligence? I am attaching the learning resources: Kaplin, W. A., Lee, B. A., Hutchens, N. H., & Rooksby, J. H. (2020). The law of higher education (6th ed.). Jossey-Bass.
Section 3.2, “Institutional Tort Liability” (pp. 93–133)
Section 4.4.2, “Tort Liability” (p. 146)
ADA National Network (2019). Education (Links to an external site.). Retrieved from https://adata(dot)org/topic/education
ADA National Network (2019). (Links to an external site.)Disability rights laws in public primary and secondary education: How do they relate (Links to an external site.)?. Retrieved from https://adata(dot)org/factsheet/disability-rights-laws-public-primary-and-secondary-education-how-do-they-relate
ADA National Network (2019). Postsecondary institutions and students with disabilities (Links to an external site.). (Links to an external site.) Retrieved from https://adata(dot)org/factsheet/postsecondary
Center for Law and Education (n.d.). Center for law and education (Links to an external site.). Retrieved from http://www(dot)cleweb(dot)org/
FindLaw (2019).Education law (Links to an external site.). Retrieved from https://education(dot)findlaw(dot)com/
Public Library of Law (n.d.). Public library of law (Links to an external site.). Retrieved from http://www(dot)plol(dot)org/Pages/Search.aspx. Walden University, LLC. (Producer). (2012c). Tort liability for negligence [Video file]. Baltimore, MD: Author.
Note: The approximate length of this media piece is 8 minutes.
In this interview, Dr. Dennis Dunklee addresses the components of tort law, defines negligence and “duty of care,” and explains the characteristics of a reasonable and prudent person.
Tort Law, Negligence, and Risk Management: An Examination of Possible Liability in a Campus Accident
Name
Affiliation
Course
Instructor
Date
Tort Law, Negligence, and Risk Management: An Examination of Possible Liability in a Campus Accident
The Tort Law and Negligence Introduction
The tort law offers guidelines on how one can be compensated in case they are harmed because of the wrong done by another person. Negligence is one of the major torts that occurs when one party does not exercise the necessary level of care as would be required by the situation and thus causes harm (Public Library of Law, n.d.). Schools have a greater responsibility to care about teaching their students since they represent their responsibility towards ensuring a safe environment (ADA National Network, 2019c). When this obligation is not met, and the institution permits unsafe conditions, it may be liable for negligence (Kaplin et al., 2020). Risk management practices need to be conducted by institutions to avoid such foreseeable student injury and minimize liability.
The Proof of Negligence: Duty, Breach, Causation, and Injury
The negligence claims have four essential elements: 1) duty of care, 2) violation of the duty, 3) causation, and 4) damages (Public Library of Law, n.d.). Institutions are legally obliged to ensure their students are safe. The University's negligence in ensuring the bus is set up at a safe place gives it liability when accidents occur. The breach happens if the institution has not exercised reasonable steps to eliminate predictable risks. In the stated case, a student sustains an injury because a bus stop was poorly placed, and hence the University is liable.
👀 Other Visitors are Viewing These APA Essay Samples:
-
alumni campaigns
3 pages/≈825 words | No Sources | APA | Education | Coursework |
-
Instructional Des
4 pages/≈1100 words | 3 Sources | APA | Education | Coursework |
-
Discussion Topic: Discussion Thread: Differentiating InstructionDiscussion Thread: Different...
1 page/≈275 words | 2 Sources | APA | Education | Coursework |