Scott Siegel Case Summary

Section 9(2)(a) of the Civil Liability Act states that when deciding whether a reasonable person would have taken precautions against a risk of harm, the courts consider the probability of harm occurring if care was not taken. Secondly, s 9(2)(b) considers what the gravity/ seriousness of the risk was and whether the defendant should adopt special care if s/he knows that people with particular needs are exposed to the foreseeable risk. However, the teacher/ school authority is not required to protect the student against all risk and sometimes a reasonable response is to do

5. If students were in an unauthorized area of school grounds the school may not be held liable or if school officials had exercised all viable options in dealing with a threatening situation.

Establishing negligence requires the plaintiff to prove the three elements of negligence before a court. The elements are that, the defendant owed the plaintiff a duty of care, the duty of care was breached, and that the harms suffered were directly related to the defendant’s breach. For a successful claims the plaintiff must satisfy all three by the balance of probabilities, which has been the case since Donohue v Stevenson. Simon must therefore prove that there was a duty of care owed to him by the defendant, his teacher, Mr Philpot. Therefore, he must prove that the harm suffered would have been reasonably foreseeable due to the actions or omission of the defendant. In this case, Mr Philpot owes Simon a duty of care, as it is reasonably foreseeable that a failure to provide sufficient supervision could result in injury when considering the nature of the environment they are in and the age of the students. Therefore, the first element is satisfied.

Yes, we are required to supervise by law; but, it is more important that school personnel value the benefits of a safe, well supervised school. Helping my staff to understand and believe this basic premise is the key to successful implementation of a supervision philosophy. Teachers are professionals. As such they should be involved in the design and implementation of a supervision plan. The role of the administrative staff is to guide and support them. Although the principal is the leader of the team, it is important that school staff see him as a leader who needs and values his staff. Working together, a principal and staff can provide appropriate supervision for a safe and productive educational experience for

The Beth Israel Hospital and Deaconess Hospital were consolidated and became Beth Israel Deaconess (BID) in 1996. BID operated under the Care Group Systems (CGS), which was an affiliation of some Boston-area hospitals. The BID hospital system was in anarchy. There were significant operating losses, amounting to millions of dollars each year. BID management seemed incapable of implementing turnaround plans. The hospital experienced tremendous employee turnover and suffered from poor patient care.

The issue in this case as it relates to the Kentucky tort of negligence is governed by rules or principles established by the courts. The elements of negligence are a duty the defendant owes to the plaintiff, a breach of that duty by the defendant, a causal connection between the breach and the plaintiff's injury, and actual injury. In the absence of any one of these elements, no cause of action for negligence will lie.

The Dred Scott case came at a very turbulent time in American history. It came

The man charged with the decapitation murder of Broadwater's Edward 'Ned' Kelly has been committed to stand trial. Jonathon Stenberg appeared by video link at Lismore Local court this morning. Stenberg did not enter a plea or apply for bail. By doing so Stenberg waived his right to have a committal hearing to answer the charge of murder. Magistrate R Denes committed Stenberg to stand trial in the Supreme Court in Sydney on June 7.

Lago Vista Independent School Distict. Gebser and her teacher had a sexual relationship that lasted for almost 2 years. The two were caught in the middle of having relations. The teacher was arrested by the local police department and his license were revoked by the state. Gebser never notified administrators or staff about the relationship between her and the teacher. Her parents tried to file a case on the school district for damages and monetary payment. The court ruled in favor of the school district. This case was very interesting and unique in many ways. I support the decision of the court on no to reward the victim monetary payment. Gebser never tried to notify anyone about the situation, it was more so enjoyment for her. This school district was very proactive and moved very quickly after finding out the

In order to prove Thomas liable in this situation, there would have to be evidence of proximate cause (Essex, 2016). The student, or student’s family, would need to be able to prove that there is a relationship between the principal’s breach of duty, and the injury the student suffered (Essex, 2016). I have dedicated the remainder of this paragraph to describing the ways in which Thomas may be in breach of his duty. Thomas has the responsibility as the school principal to ensure that Homewood High School has highly qualified teachers. It is his responsibility to recommend to the board the person best suited for the

It is reported that a girl was banned from a public Catholic school, the girls was disabled and it was stated that her parents faced accusations of presenting a threat to the mental health of her teachers. Morgan Webb Liddle has cerebral palsy. The teachers at Sacred Heart College took legal steps that were of an "extraordinary' nature to bar the child from the Catholic school based on their feeing "stressed and harassed." (Lee-Potter, 2013, p.1) The teachers at the school filed a notice with the principal under the Occupational Health and Safety Act. Morgan was ordered to not attend school and her parents ordered not to contact the school. According to John Harding, Head of Cambridge

Here, the facts explicitly indicate that "all the necessary forms ... had been signed by the students." TEACHER wil argue that PLAINTIFF agreed to, and participated in, those actions which PLAINTIFF claims to have caused injury or damage, since such participation and consent were given knowingly and voluntarily. Hence, the plaintiff’s claims are invalid.

Robert Foster was killed while under the supervision of two teachers, defendants Inez Grant and Lloyd Gray. His mother, Helen Foster filed a lawsuit against the school her son attended, Morehouse Educational Development Center (MEDC). Foster was a member of the school basketball team for the special olympics. The special olympics was a school activity. The teachers planned practice to be held at a park. The park was three blocks away so the teachers decided to walk rather than get a bus for the boys. Gray took the team to Dotson Park alone and Grant followed in a car. While they were walking to the park, Foster dashed out into the street, ran between two stopped cars and fell on the ground. Foster was run over by an oncoming car and suffered serious injuries and died from three days later.

I believe the constitutional reason of the holding in the case of Dred Scott v Sanford was unfair and unconstitutional in which CJ Taney decision ruled in favor of Sanford and therefore, failed to recognize the rights of the people to be free.

In Taney’s opinion on the Scott vs. Sanford case, he reasons why the court’s decision to refuse Dred Scott’s citizenship was the right one. Taney pulls from multiple sources, such as the declaration of independence, the constitution, and congress to void Dred Scott’s case. With a stoic tone, Taney meticulously tears Scott’s claim to shreds. Taney does not believe that Dred Scott is entitled to citizenship. In his written opinion, he conveys this in the most professional way possible.