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Explain what it means to have a duty of care
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Discussion
The issue is what duty of care did C.D. Management owe to Richard. Mounsey v. Ellard, held that a landowner owes a duty of reasonable care to all lawful visitors. 363 Mass. 693, 707 (1973). The Court stated “that there is significant difference in the legal status of one who trespasses on another's land as opposed to one who is on the land under some color of right-such as a licensee or invitee.” Id at n.7. Although the general rule for care owed to trespassers is to refrain from willful, wanton, or reckless conduct. Schofield v. Merrill 386 Mass. 244, 245 (1982). Mounsey allowed for the possibility of exceptions when dealing with trespassers, “The possible difference in classes of trespassers is miniscule compared to the
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Massachusetts General Law Chapter 231 Section 85Q says that a landowner may be liable for physical harm suffered by child trespassers on their land, only if all five criteria are met. Condition ‘A’ states, “The place where the condition exists is one upon which the landowner knows or has reason to know that children are likely to trespass.” Mass. Gen. Laws ch. 231 § 85Q. Condition ‘B’ discusses whether or not the landowner knows or has reason to know that an unreasonable risk of death or serious bodily harm will result. Id. Condition ‘C’ focuses on whether or not the child due to their age is not aware of the risk that is present. Id. Condition ‘D’ says compares the burden of eliminating the condition to the level of risk posed to the children. Id. Finally, Condition ‘E’ states that the landowner fails to use reasonable care to eliminate or protect the children. Id. Richard’s case fails on condition ‘A’ as C.D. Management had no reason to foresee that children would trespass in their basement laundry room, as there were only laundry machines in the basement and C.D. Management had no reason to believe that a child would trespass there. C.D. Management could reasonably foresee that someone wanting to do their laundry would trespass in their basement, but Richard Melville was not in their basement to do his laundry. The Soule case created common law about this issue, “There is a …show more content…
They may want business held liable for foreseeable third party criminal attacks on trespassers. To prove their point they may look at the dissent written by Justice Liacos in Schofield v. Merrill, 386 Mass. 244 (1982). An adult trespasser wanted to recover for damages he suffered on the defendant’s property. He jumped into a quarry filled with water and injured himself; there were no warning signs near this quarry. Id. at 245. The court denied the plaintiff’s request, reiterating that the foreseeable trespasser exception only applies to children, not adults. Id. at 254. Justice Liacos’ dissent said that extending the common law to include foreseeable adult trespassers would be a natural-and-limited extension of legislative policy. Id. at 255. The Melvilles may point to that line and say that their extension would be natural and limited. The Massachusetts Court dealt with this issue saying parties are only held liable if the injury was foreseeable. Whittaker v. Saraceno, 418 Mass. 196, 200-201(1994), McKinney-Vareschi v. Paley, 42 Mass.App.Ct. 953, 954 (1997). In Whittaker, a court barred a tenant from recovery because the criminal act was not foreseeable. The facts in this case are very similar to ours. An unknown third party approached a woman, blindfolded her, brought her to an underground parking garage, and raped her. Id. at 197. There previously had been evidence of theft
The conviction of guilty offenders when adhering to the guidelines of the NSW criminal trial process is not difficult based on the presumption of innocence. However, due to features of the criminal trial process, established by the adversarial system of trial, cases can often involve copious amounts of time and money, particularly evident in the case of R vs Rogerson and McNamara where factors such as time and money are demonstrated to be in excess. In addition, characteristics of the adversarial system such as plea bargaining has the power to hinder convictions due to the accused having the authority to hire experienced and expensive lawyers to argue their case, hence maintaining their innocence.
The case of Kamloops v. Nielson was a landmark decision for tort law, since it established the duty of care principle in Canadian private law, which prior to this case was used in the Anns v. Merton case and expanded the scope of duty first identified in Donoghue v. Stevenson. In the historic case of Donoghue v. Stevenson, duty of care was established to include anyone that could be foreseeably harmed by someone’s actions, creating the neighbour principle. The Anns v. Merton case expanded the scope of the neighbour principle to including public bodies, such as the municipality. The case involved a faulty building foundation, which resulting in requiring repairs for the house, and whether the municipality should have to pay for the repairs, since it was the job of the municipality to inspect and ensure the building was properly constructed. Whether public tax allocations should be subject to tort litigations was placed in question in the case but the municipality was held liable for damages nevertheless.
Though the Kuehn v. Pub Zone and Soldano v. O’Daniels cases both involve attacks in a bar, one case rules in favor of the injured plaintiff and the other in favor of the owner-defendant. These rulings may initially seem contradictory, however, once the stories and the environments surrounding the attacks become clear, it becomes more obvious that one of the establishments holds more of a responsibility when it comes to the safety of their patrons. In the case of Kuehn v. Pub Zone, customer, Karl Kuehn, was assaulted in the bathroom of an establishment known to be frequented by a violent biker gang. The biker gang and its violent outbursts had become such a regular occurrence that a sign was even posted prohibiting entrance to the bar while wearing gang colors. On the day of Mr. Kuehn’s assault, members of the biker gang, wearing their gang colors, pushed passed the bouncer and entered the Pub Zone. Instead of calling the police or refusing service, the bartender decided to serve the group a drink, not only failing to enforce the Pub Zone’s own established rule, but also acting against it. This places the Pub Zone at fault for
4. Facts: It was the time of August in 1986, when William Geringer with his family was on vacation at the Wildhorn Ranch Resort located in Teller County, Colorado. Due to some defective Paddleboating boat two of the family members (William Geringer and his minor son Jared Geringer) were drowned. Mr. Watters, a defendant, was formerly the owner of the resort, but he stated that he handed over the possession to Wildhorn Ranch Inc. “The other defendant, Les Bretzke, was a contractor with an autonomous company that endow with repair services and repair construction to the resort.” During the whole trial the main focus was on the maintainability issues of
General education high school teacher, Michael Withers, failed to comply with his student’s Individual Education Plan (IEP). D.D. Doe’s IEP required tests to be read orally. Despite knowledge of this IEP and being instructed to follow the IEP by the superintendent, school principal, special education director, and special education teacher, Withers still refused to make the accommodations for D.D.’s handicapping condition. As a result, D.D. failed the history class. His parents filed charges against Withers, arguing that D.D was not afforded the right to a Free and Appropriate Public Education (FAPE) promised to all students by the Individuals with Disabilities Education Act (IDEA). They also filed a claim for injuctive relief against the Taylor County Board of Education to enforce the laws that protect handicapped students.
The case of Graham v. Connor is about DeThorne Graham a diabetic that had an insulin reaction, and was pulled over and stopped by Officer Connor. The case is important because it has set the bar when it comes to other cases and the use of force and violation of Fourth Amendment rights.
Everyone in America, from adults to students have freedom of speech. This freedom is provided by the first amendment. In the case Hazelwood v. Kuhlmeier, students fights for the freedom of speech in their school newspaper. One side of the case was three students who thought their free speech was violated and the other side was the principal defending the school. After the court's decision, this case had a big impact on the school and many other people. Hazelwood v. Kuhlmeier talks about students not giving up their freedom of speech in a school setting.
In the United States Supreme Court case of Roper v. Simmons of 2005 the Supreme Court ruled in a five to four ruling that the death sentence for minors was considered “cruel and unusual punishment,” as stated by the Eighth Amendment, according to the Oyez Project online database. Christopher Simmons, the plaintiff, was only seventeen at the time of his conviction of murder. With the Roper v Simmons, 2005 Supreme Court ruling against applying the death penalty to minors, this also turned over a previous 1989 ruling of Stanford v. Kentucky that stated the death penalty was permissible for those over the age of sixteen who had committed a capital offense. The Roper v. Simmons is one of those landmark Supreme Court cases that impacted, and changed
Probably No. Under Ohio Duty of Care Owed to Trespasser Statute, an owner is liable if he knows of possible children trespassing and the artificial condition on the property creates unreasonable risk that children do not realize, when the burden to eliminate the risk is slight, and the owner fails to exercise reasonable care to eliminate that risk. In this case, Oleg Burov left the hot tub unlocked and only covered it with a thermal blanket. Burov, the last person on the property, knew of possible trespass on the property after spotting wet towels, relocation of the metal table, and traces of bicycle tires on his property. The evidence gave Burov a reason to believe that minors might have entered his property. Moreover, the hot tub on the property
...d, ‘so far as the threshold conditions are concerned, the factor which seems to me to outweigh all others is the prospect than an unidentified, and unidentifiable, carer may inflict further injury on a child he or she has already severely damaged’. This approach was later applied in Merton LBC v K .
The movie “A Civil Action” released on January 8, 1999 provides viewers with an extraordinary story of the nightmare that occurred in Woburn Massachusetts in the late 1970’s. The people of this small town at the time had no idea what was going on until there were various cases of Leukemia in small children that ultimately resulted in the early passing of them. The people eventually had gone to find out that the drinking water in this small town was contaminated and there were many women that stepped in to get answers. This movie is a tremendously jaw dropping, eye opening account of a heartbreaking true story incident. There are various elements of negligence in this movie including, duty, legal cause, proximate cause and damages.
The essays from both McCutcheon and Muesse were very enlightening. In the essay, Religious studies and “Heaven’s Gate”: Making the Strange Familiar and the Familiar Strange, Muesse expressed that the motivations behind the practices of one religious sect really aren’t as far fetched as the next body of believers. In the case of the Heaven’s Gate sect, its members believed that they were to achieve the “next level” of spiritual euphoria by means of succumbing to a lifestyle that would prepare them, (after death), for such expectations. Conversely, what Muesse drives home is that the motivations of this sect, when compared others, are not so different. In fact, members of Heaven’s Gate sect compared their actions to that of what Christians
Stuart v. Nappi was class lawsuit Stuart’s mother filed against school personnel and the Danbury Board of Education because she claimed that her daughter was not receiving the rights granted in the Individuals with Disabilities Act (IDEA). Kathy Stuart was a student at Danbury High School in Connecticut with serious emotional, behavior, and academic difficulties. She was suppose to be in special education classes, but for some reason she hardly ever attended them. Kathy was involved in a school-wide disturbance. As a result of her complicity in these disturbances, she received a ten-day disciplinary suspension and was scheduled to appear at a disciplinary hearing. The Superintendent of Danbury Schools recommended to the Danbury Board of Education
Too often in today 's society we hear about a child somewhere in the United States of America being mistreated at home. Sometimes there can be circumstances that this mistreatment of a child can be unintentional. However, when this mistreatment of children is due to intentional harm or avoidable endangerment, it is classified as child maltreatment. The Center for Disease Control and Prevention makes the following claims:
The first point to note when analysing occupiers’ liability is that originally it was separate to the general principles of negligence which were outlined in Donoghue v Stevenson .The reason for this “pigeon hole approach” was that the key decision of occupiers’ liability, Indermaur v Dames was decided sixty six years prior to the landmark decision of Donoghue v Stevenson . McMahon and Binchy state the reason why it was not engulfed into general negligence, was because it “… had become too firmly entrenched by 1932 … to be swamped by another judicial cross-current” Following on from Indermaur v Dames the courts developed four distinct categories of entrant which I will now examine in turn.