Negligence case scenario
Read the scenario given below and then use the knowledge that you have gained through Chapter 2 and the corresponding video presentations to respond to this post.
If your last name begins with A – M: You are the plaintiff’s attorney and are bringing a general negligence claim against the coaches and Sampson High School. Go through the four elements of the negligence case (duty, breach, causation, and harm) and state your case.
If your last name begins with N – Z: You are the defendant’s attorney in this case and you must determine which defense(s) you will use to defend this claim against your client. Go through your possible defenses (comparative negligence, assumption of risk, failure to state a claim, etc.). You must present any and all potential defenses – not just the one with the most probability for success.
Thomas, a ninth grader is trying out for the football team at Sampson High School. He has missed the first week of tryouts due to a family vacation, but because Sampson is such a small school, they are always looking for more players and tell Thomas that they would still welcome him to come out for the team. Although Thomas has played other sports, this is his first football experience of any kind. He goes to the first practice and is put into a full pads scrimmage situation. Thomas was very sore after the first practice, but otherwise fine. In fact, everything seemed to go well during the first two team practices. Thomas was quickly picking up the game and enjoying becoming part of the team. Then, in a scrimmage during his third practice, Thomas suffers a severe neck injury and is paralyzed from the waist down. Evidence shows that Thomas had signed this waiver. Sampson High School Football Waiver.pdf预览文档 Evidence also reveals that he had faked the signature of his parent/guardian.
You are required to submit two (2) reply posts for each discussion assignment. For this assignment, your posts must be the following:
- Read ALL of the presented arguments in your group. Now, you are the judge. You live in a state that follows the laws of pure comparative negligence. Post how you would decide the case and WHY? Be sure to show me (based on your decision) that you understand what deciding this case in a “pure comparative negligence” state means.
- Make one other substantive reply post – did the post make you consider another side, change your perspective, etc.